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Full text of "23rd to 30th Annual Report of Commissioners on Inland Fisheries and Game of Massachusetts (1888-95)"

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PUBLIC DOCUMENT. No. 25. 



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-v- 



EEPOET OF THE COHMISSIONEKS 



INLAND FISHERIES AND GAME 



Year ending December 31, 1888, 






BOSTON : 
WRIGHT & POTTER PRINTING CO., STATE PRINTERS, 
18 Post Office Square. 
1889. 
1 



77 



CONTENTS. 



PAGE 

Report, 5 

Appendix A. List of Fish Commissioners, 45 

B. List of Leased Ponds, 51 

C. Legislation, 56 

D. Statistics of Lobster Fisheries, 61 

E. Returns of Pounds and Weirs, Seines and Gill-nets, . 69 



Commonfoedtjj of gtassatjjuseits. 



To His Excellency the Governor and Honorable Council. 

The Commissioners on Inland Fisheries and Game respect- 
fully present their Twenty-third Annual Report. 

Fishways. 
The fishways are all in good condition, except the one at 
Holyoke. A new and expensive one has been built during 
the past season at Sherman's dam, Middleborough. It is of 
the same pattern as the one so successfully in operation at 
East Taunton Iron Works, and it is hoped that it will settle 
the controversy in- regard to the passage of fish over this 
dam. Mr. Sherman deserves credit for having built the 
best fishway of its size in the State. Probably no change 
will be required, unless it be some slight arrangement at its 
mouth. 

Record of Fish seen in the Lawrence Fishway in the Year 1888. 

The river was very high all through the month of April and the 
greater part of May. Weather cold and wet ; everything very back- 
ward. Saturday, May 26, saw the first fish, — a lamprey. 

Only a very few lampers, alewives and suckers in the fishway until 
June 5. Flashboards were set on the south end of the dam in the fore- 
noon of this day, bringing the water down to the end of the fishway, 
and in the afternoon there was a very large run of alewives. 

June 6. Lampers and alewives, run large ; a few chubs and suckers. 

7. Lampers and alewives, run large. 

8. Lampers, run large ; alewives, chubs and suckers, run moder- 

ate ; one brook trout. 

9. Lampers, run large ; alewives, run small ; a few chubs and 

suckers. 
10. One salmon, 6 pounds ; lampers, run large ; alewives, chubs 
and suckers, run moderate. 



6 FISH AND GAME. [Dec. 

June 11. Lampers, run large; ehubs and suckers, run moderate; ale- 
wives, run small. 

12. One salmon, 6 pounds; lampers, run moderate; suckers, run 

small ; a few alewives. 

13. Three salmon, 6 to 15 pounds ; lampers and suckers, run mod- 

erate. 

14. One salmon, 6 pounds ; lampers, run moderate ; a few suckers. 

15. Three salmon, 6 to 15 pounds; lampers, run moderate. 
1G. Four salmon, C to 12 pounds ; lampers, run moderate. 

17. Lampers, run moderate ; one large silver eel and a few small 

ones. 

18. Lampers, run moderate. 

19. Four salmon, 6 to 12 pounds ; lampers, run moderate ; a few 

alewives. 

20. Five salmon, 6 to 15 pounds ; lampers, run small ; a few small 

silver eels. 

21. Three salmon, 6 to 12 pounds ; lampers, run small ; a few ale- 

wives. 

22. Lampers, run small ; a few silver eels. 

23. Three salmon, 6 to 15 pounds ; lampers, run small ; a few ale- 

wives. 

24. Two salmon, 10 to 15 pounds ; lampers, run small. 

25. Seven salmon, 6 to 15 pounds; a few lampers and silver eels. 

26. One salmon, 10 pounds; a few lampers, suckers and small 

silver eels. 

27. Six salmon, 8 to 20 pounds. River has risen a foot since yes- 

terday. 

28. Ten salmon, 10 to 18 pounds ; a few suckers and small silver 

eels. 

29. Three salmon, 8 to 16 pounds ; a few suckers and small silver 

eels. 

30. One salmon, 12 pounds ; a few suckers, chubs and small silver 

eels. 

July 1. A few alewives, suckers, chubs and lampreys. 

2. Two salmon, 6 to 12 pounds ; a few suckers and silver eels. 

3. A few suckers and silver eels. 

4. Two salmon, 6 to 15 pounds ; two black bass. 

5. Three salmon, 6 to 15 pounds. 

6. A few suckers and silver eels. 

7. One salmon, 10 pounds. 

8. One salmon, 8 pounds, 

9. A few suckers and silver eels. 

10. A few suckers and silver eels. 

11. A few suckers and silver eels. 

12. One salmon, 12 pounds ; a few silver eels. 

13. One salmon, 12 pounds ; a few silver eels. 

14. One salmon, 8 pounds ; a few silver eels. 

15. A few suckers and small silver eels. 

16. Two salmon, 6 to 8 pounds. 



1888.] PUBLIC DOCUMENT — No. 25. 7 

July 17. A few suckers and small silver eels. 

18. A few silver eels. 

19. A few silver eels. 

20. Two salmoD, 12 to 14 pounds ; a few suckers and small silver 

eels. 

21. Two salmon, 12 pounds each ; a few silver eels. 

22. A few silver eels. 

23. A few silver eels and suckers. 
21. A few silver eels and suckers. 

25. One salmon, 12 pounds ; a few silver eels and suckers. 

26, to and including August 12. Only a few suckers and small 

silver eels in fishway ; water shut out of fishway a few days, 
on account of low water. 
Aug. 13. One salmon, 6 pounds ; a few suckers and silver eels. 

14, to and including September 2. A few silver eels, with now 
and then a sucker. 
Sept. 3. Two salmon, 6 to 8 pounds ; a few silver eels and suckers. 
4, to and including September 10. A few silver eels. 

11. Two salmon, 6 to 8 pounds; suckers, run moderate; a few 

silver eels. The river has risen since yesterday. 

12. Suckers, run moderate ; a few silver eels. 

13. Suckers and silver eels, run small. 

14. Suckers and silver eels, run small. 

15. Suckers and silver eels, run small. 

16. One salmon, j6 pounds ; a few suckers and silver eels. 

17. A few suckers and silver eels. 

18. A few suckers and silver eels. 

19. Three salmon, 10 to 14 pounds ; suckers, run large ; a few 

silver eels. Eiver rising. 

20. Three salmon, 8 to 14 pounds ; suckers, run large ; a few 

silver eels. River higher. 

21. One salmon, 6 pounds ; suckers, run large ; a few silver eels. 

22. to and including October 1. River very high and muddy ; only 

a very few suckers in fishway. 
Oct. 2. Two salmon, 6 to 12 pounds ; a very few suckers. 

During the rest of the season, and up to this date (November 
15), the river was unusually high ; very few fish, only suckers, in 
the fishway. The run of suckers was quite large on the 7th, 8th 
and 9th of November, but on the 10th the river came up again, 
burying the lower part of fishway, as far as the turn, under 
water. River very muddy since ; no fish running. 
Respectfully submitted, 

Thomas S. Holmes, 
In charge of Lawrence Fishway. 



8 FISH AND GAME. [Dec. 

Shad-hatching . 

So far as we have been able to learn, this has been an off 
year in the catching of shad on the New England coast. The 
rivers and streams were unusually high in the spring, the 
water cold, and the run of shad and ale wives from two to 
three weeks later than usual. 

On the Merrimac there were seven hundred and twenty- 
one shad taken at North Andover, a decrease as compared 
with last year, mainly due to high water and unfavorable 
weather, which interfered with the fishing. On the lower 
part of the river Mr. Edwin F. Hunt reports a catch of two 
thousand shad and three hundred barrels of bait, at New- 
buryport. Attention is called to the statement made in last 
year's report, in regard to the fisheries on this part of the 
river. 

To the Commissioners on Inland Fisheries. 

Gentlemen : — We respectfully submit the following report, 
giving a full account of the work of hatching shad, at North 
Andover, for the season of 1888. The hatchery was opened June 
11, and closed July 17. 

Number of large shad taken, . 291 

of small shad taken, 430 

of shad returned to river alive, . . . . 611 

of shad given away, 110 

of salmon taken, . . . . . 51 

of salmon returned to river alive, . . . . 51 

One hundred and ten male and female fish were used for 
spawning. The amount of spawn taken was fully 1,145,000. 
Number of shad hatched and accounted for, 1,010,000. Of this 
number, 430,000 were delivered to the Fish Commissioners of New 
Hampshire, and turned into the river near the city of Manchester ; 
30,000 were delivered to E. G. Loomis of Bedford ; 30,000 were 
delivered to Mr. Burnham of Essex ; and 30,000 were turned into 
Taunton River, above the city of Taunton. The balance, 490,000, 
were turned into the Merrimac at North Andover. 

The order of Mr. J. M. Towle of Westport was not filled, as 
Mr. Towle was not able to come for them at the time, on account 
of sickness, and it is not safe to send young fish by express. 

The following table will show the number of large shad taken 



1888.] 



PUBLIC DOCUMENT — No. 25. 



9 



each day, the proportion of males to females, the temperature of 
air and water at 7 o'clock p.m., the time of drawing the seine, 
and the number of fish taken at each sweep : — 





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03 

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June 11, 1888,. 


2 




2 


72 


66 


.9, 


2 


12, . 




21 


18 


3 


72 


60 


7, 8, 9, 


5, 7, 9 


13, . . 




11 


7 


4 


71 


58 


8,9, 


2,9 


14, . . 




12 


9 


3- 


70 


60 


7, 8, 9, 


1,3,8 


15, . 




10 


8 


2 


68 


62 


8,9, 


3,7 


16, . 




7 


6 


1 


71 


'70 


8,9, 


6,1 


18, . 




10 


7 


3 


75 


62 


7,8,9, 


2,6,2 


19, . 




7 


4 


3 


75 


64 


7,9, 


3,4 


20, . 




6 


4 


2 


74 


62 


7, 8, 9, 


3,0,3 


21, . 




- 


- 


- 


74 


60 


8,9, 


_ 


22, . 




5 


5 


- 


76 


66 


8,9, 


3,2 


23, . 




13 


7 


6 


78 


70 


8,9, 


5,8 


25, . 




9 


6 


3 


78 


66 


8,9, 


6,3 


26, . 




12 


7 


5 


76 


62 


8,9, 


7,5 


27, . 




10- 


4 


6 


74 


60 


9,10, 


6,4 


28, . 




13 


8 


5 


72 


60 


7, 8, 9, 


4,4,5 


29, . 




11 


7 


4 


71 


58 


7, 8, 9, 


3,5,3 


30, . 




12 


7 


5 


72 


62 


8,9, 


3,9 


July 2, . 




14 


9 


5 


70 


64 


8,9, 


7,7 


3, . 




11 


6 


5 


72 


70 


7,9, 


7,4 


5, . 




12 


6 


6 


74 


72 


8,9, 


7,5 


6, . 




13 


8 


5 


75 


70 


8,9, 


5,8 


7, . 




11 


- 


11 


76 


64 


8, 9, 10, 


2,5,4 


9, . 




7 


1 


6 


7 5 


60 


8, 9, 10, 


0,3,4 


10, . 




8 


2 


6 


74 


62 


8,9, 


0,8 


11, • 




12 


4 


8 


76 


68 


8, 10, 


5,7 


12, . 




12 


7 


5 


73 


63 


8,9, 


6,6 


13, . 




11 


5 


6 


72 


62 


8,9, 


7,4 


14, . 




2 


- 


2 


74 


60 


8,10, 


0,2 


16, . 




7 


3 


4 


74 


62 


8,9, 


3,4 


17, . 




- 


- 


- 


76 


64 


8,10, 


- 



The run of shad fell much below my expectations this season. 
I am unable to fully account for it, yet not in any way discouraged 
at this sudden and unlooked for decrease in numbers, as there will 
be seasons when we may expect changes in the run of fish, not 
easily explained. The season was uncommonly cold and back- 
ward. During the month of May, the water was so high that no 
fishing could be done, and no shad were caught on the Merrimac 
in that month, — a thing unheard of in the history of fishing on 
the Merrimac. This large volume of cold, muddy water, all 
through the month of May, might have caused the fish to keep 



10 FISH AND GAME. [Dec. 

out of the river, as shad are seldom caught in the Merrimac when 
the water is very muddy. It is possible this may account for the 
decrease in numbers, as compared with last year. 

The run of salmon was large, — by far exceeding our expecta- 
tions. The number caught in the shad nets was fifty-one in thirty- 
one nights, as compared with eleven in thirty-three nights in the 
season of 1887. In weight they varied from eight to thirty pounds ; 
a large number of them would weigh eighteen and twenty pounds 
each. The restocking of the Merrimac with salmon is established 
beyond any question. The shad is a more difficult fish to manage, 
yet I am confident the work can be accomplished, and that arti- 
ficial hatching is the true method of reaching the desired object. 

On May 28, at your request, I went to Raynham, on the Taun- 
ton River, and spent ten days in the attempt to start the business 
of hatching shad there. The work was a failure, for the reason 
that no shad with spawn in a condition to hatch could be taken 
there. At Raynham the shad are caught as they are passing up 
the river, perhaps ten hours from the ocean, and not after they 
have been schooling about ten days in warm, fresh water. As 
you are well aware, no shad are in condition to spawn when they 
leave the ocean. They leave the ocean, where the temperature of 
the water is in the vicinity of 50°, and in ten hours pass into fresh 
water that stands at a temperature of 72°. With this sudden 
change the spawn matures rapidly, and in a few days is in a con- 
dition to be taken from the fish. The remedy for this condition 
of affairs at Raynham is to catch the fish about two miles farther 
up the river, near East Taunton, where they assemble by hundreds 
during the spawning season. A fishing-ground could be cleared 
a short distance below the dam, at a small expense, and where 
everything is seemingly favorable for the establishing of a large 
hatchery, such as would furnish all the fish wanted ; and three 
times the amount of business can be done there that is being done 
on the Merrimac, for about the same amount of time and money, 
as an abundance of spawn can be taken there ; and, to be success- 
ful, you must locate where a large amount of spawn can be secured. 

Respectfully yours, 

B. P. Chad wick. 
Bradford, Sept. 1, 1888. 

Shad-hatching on Taunton River. 

An effort to hatch shad on the Taunton River this year 

was not successful. There was no lack of breeding fish in 

the river, but none of the fishermen seemed to know where 

they spawned. Mr. Williams felt confident that it was at 



1888.] 



PUBLIC DOCUMENT — Ho. 25, 



11 



his place in Raynham. This proved to be incorrect ; and the 
spawning place of shad in the river is now known to be 
between Raynham and East Taunton Iron Works, in a part 
of the river where no ground has been cleared for seining. 

Mr. Williams thinks it best to pound them in a creek near 
his place until the spawn is ripe ; but whether this will be 
more effective and less expensive than clearing a seining 
ground, is a matter to be determined by further investigation. 

We append the following returns from the Messrs. Wil- 
liams : — 

Shad hatching was tried at Raynham the past season, under the 
direction of Mr. B. P. Chadwick ; but, owing to the very unfavor- 
able season, and not knowing just where and how to confine the 
fish until they were ready for spawning, the result was not as 
satisfactory as we should wish it to be. If it was thought advisa- 
ble for us to attempt it another season, we should then recommend 
catching them in the early season, and confining them in a tribu- 
tary of the river until the fish were ready for spawning. 
Respectfully yours, 

Geo. B. and E. Williams. 





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A. M. 




May 28, . 


91 


50 


41 


63 


64 


4, 6, 8, 


80, 6, 5 


29, . . 


22 


12 


10 


64 


66 


5, 7, 10, 


18, 2, 2 


31, . 


9 


4 


5 


66 


68 


8,9, 


5,4 


June 1, 


10 


6 


4 


68 


64 


4,6, 


6,4 


- 2, . . 


8 


4 


4 


67 


66 


5,6, 


4,4 


4, . 


12 


8 


4 


69 


69 


4,7, 


7,5 


5, . 


20 


12 


8 


68 


70 


6,8, 


18,2 


6, . . 


.16 


10 


6 


69 


72 


7,9, 


10,6 


7, • 


21 


11 


10 


73 


74 


4, 5, 6, 


10, 6, 5 


8, . 


18 


10 


8 


74 


74 


5, 

P. M. 


18 


11, . 


- 


- 


- 


70 


72 


8, 

A. M. 


— 


12, . 


5 


- 


5 


74 


75 


4,6, 


1,4 


13, . . 


114 


60 


54 


72 


70 


4, 

A. M. P. M. 


114 


14, . . 


5 


4 


1 


71 


72 


10, 8, 


1,3 




351 


191 


160 


- 


- 





Number of shad returned to river alive, 
of shad given away, . 



370 
45 



12 FISH AND GAME. [Dec. 

Carp. 

There was an abundant supply of these fish for a large 
number of ponds, but very few applied for them. It is evi- 
dent that the value and importance of this fish is not under- 
stood by the people of this State. There are so many places, 
worthless for any other purpose, where they could be grown 
with very little expense, that it seems singular that they are 
not more sought for. There is no way in which so much 
wholesome food can be produced at so little expense. True, 
they are not trout or salmon; but, taken from the pond and 
put into spring water a few days before they are wanted for 
the table, they are quite as good as most of the fish sold in 
the Boston market. 

The following list of applicants were supplied with from 
fifty to sixty carp each : A. L. Dame, Methuen ; Geo. Sibley, 
Salem ; S. E. Abbott, Salem ; J. E. Downing, Brighton ; 
E. B. Quinn, Lowell; Henry E. Hosmer, Millis. 

Trout. 

The artificial hatching and distribution of trout into streams 
which have been depleted largely by overfishing, has, in a 
majority of cases, proved successful. The disappointments, 
which have been few in number, have arisen mainly from not 
understanding the habits and haunts of these fish, and depos- 
iting them in unfavorable parts of the stream. Any one 
familiar with a trout stream can, in the latter part of October, 
easily find where the trout are spawning in it. In depositing 
the young fish, they should never be put in below that point. 
It is always safe to put them in at the head- waters, where 
they are comparatively free from their enemies, and the 
temperature of the water, which usually flows from springs, 
remains about the same throughout the year. Such places 
are generally supplied with an abundance of good food, upon 
which the trout can feed at all seasons. 

Do not suppose, because you have put five or six thousand 
fry into the stream, that in two or three years you will have 
anything like that number of grown-up fish. Nature every- 
where makes a thousand failures to one success. But this 
you can depend upon : if there are already enough trout in 



1888.] PUBLIC DOCUMENT — No. 25. 13 

the stream to produce, in one year, five thousand eggs, and 
you plant, properly, in the spring, five thousand young fry 
artificially hatched, and protect them, you will have, at the 
end of three years, twenty times as many large fish, as the 
result of your planting. 

All statements and assertions that artificially bred fish are 
not as strong and healthy and as likely to mature as those 
hatched from eggs naturally deposited in the water, are with- 
out foundation, and are the result of ignorance and lack of 
scientific observation. In ninety-nine cases out of a hun- 
dred, the young fry produced under culture are healthier 
and stronger than those produced naturally in their waters, 
and left to the various changes they are more or less subjected 
to. Twenty years of close observation on the part of those 
who have been practically engaged in hatching and rearing 
fish, has settled this point beyond a question of doubt. 

It is easier to restock a stream having a few large trout in 
it, than one that has none. The large fish are an important 
factor in destroying many of the enemies of the young trout, 
and they never feed upon the smaller ones unless deprived 
of their natural food or demoralized by disease. We have 
caught thousands of trout in their native streams, and never 
yet found one that had been feeding upon its own species. 
It is always an excellent practice to open fish and game, and 
find out what they have been feeding on. In game it often 
determines their haunts, and in fish it indicates what bait to 
use. If trout have been feeding upon one kind of food for 
any considerable length of time, they are not likely to 
change until that supply is exhausted. 

So far as our own experience and observation extends, in 
all instances where failures have occurred in restocking 
rivers and streams, they have been due either to misman- 
agement, or to a condition of the water that would have 
rendered the introduction of either naturally or artificially 
bred fish equally abortive. This is true of all streams of 
which we have any knowledge. It has been clearly demon- 
strated in all the smaller streams under our care, and in the 
larger and more important experiment of restocking the 
Merrimac River with salmon. All our early efforts on this 



14 



FISH AND GAME. 



[Dec. 



river failed, and it was not until a knowledge of the neces- 
sary conditions was obtained that success became certain. 

The four hundred thousand trout eggs received last Janu- 
ary from the hatchery at Plymouth, N. H., were hatched with 
a loss of about six per cent., and were distributed as fol- 
lows* : — 



C. Curry, Fiskdale. 
E. G. Loomis, Bedford. 
L. D. Bailey, Shelburne Falls. 
L. Rawson, East Holliston. 
E. S. Merrill, Winchendon. 
G. W. Hathaway, Dedham. 
J. P. Woodworth, Chicopee. 
Geo. McAleer, Worcester. 
Wm. Levering, Highlandville. 
J. B. Peck, North Attleborough. 
C. Ticknor, Great Barrington. 
M. V. B. Edgerly, Springfield. 
J. A. Loring, West Barnstable. 
C. S. Wheeler, Williamsburg. 
E. H. Dewey, Williamsburg. 
T. L. Cushman, Springfield. 
N. S. Chandler, Springfield. 
E. L. Parker, Pittsfield. 
J. H. Manning, Pittsfield. 
Dr. Burton, Pittsfield. 
H. R. Pierson, Pittsfield. 
W. H. Little, Sheffield. 

E. A. Lavigne, Springfield. 

F. D. Foote, Springfield. 
Henry Huck, Springfield. 
Jas. O. Parker, Methuen. 
A. L. Dame, Methuen. 

Chas. V. Dudley, Whitinsville. 

Wm. E. Carter, Burlington. 

H. II. Patten, Springfield. 

J. A. Murphy, Springfield. 

F. H. Fuller, Springfield. 

Dr. Samuel Camp, Gt. Barrington, 



S. W. Ingalls, Zylonite. 

C. A. Howland, Zylonite. 

H. T. Whitin, Whitinsville. 

A. E. Scott, Lexington. 

J. B. Bottum, Northampton. 

C. W. Cheney, Athol. 

H. G. Crowell, South Yarmouth. 

Geo. L. Johnson, South Amherst. 

Eben B. Crocker, Barnstable. 

Ira E. White, Wakefield. 

Arthur W. Hale, Ipswich. 

Joseph I. Horton, Ipswich. 

Jas. L. Ward, Ipswich. 

N. C. Locke, Salem. 

A. C. White, North Orange. 
E. C. Hawkes, Charlemont. 
C. A. Hawkes, Charlemont. 
Benjamin F. Cook, Gloucester. 
W. C. Dalzell, South Egremont. 
R. L. Taft, New Marlborough. 
Wm. Provin, Westfield. 

Geo. E. Whipple, Westfield. 
Frank Fowles, Westfield. 
Sidney Harrocks, Westfield. 
David Hull, Westfield. 

B. P. Owen, Easthampton. 
J. Mahew, Easthampton. 
Dr. G. B. Elliott, Lawrence. 
Geo. E. Gates, Athol. 

R. D. Bisbee, Chesterfield. 
B. C. Cahoon, Falmouth. 
Thos. II. Lawrence, Falmouth. 
J. P. Rogers, Saxonville. 



There will be about four hundred thousand trout fry for 
distribution next spring. They will be delivered free at the 
hatching house, Winchester, Mass., and cans will be fur- 
nished for transportation, to be returned to the hatchery at 



* For ponds and streams in towns named, or vicinity. 



1888.] PUBLIC DOCUMENT — No. 25. 15 

applicant's expense. All applications should be made before 
the first of April, endorsed by either senator or representa- 
tive of the district. Trout fry cannot be entrusted to the 
express, and a responsible person should be sent to take 
charge of them. Such a person can take charge of twenty- 
five or thirty thousand fry, and, when several applicants 
reside on the same line of road, expense may be saved by 
arranging with one competent man to care for several cans 
to be distributed along the route. 

Land-locked Salmon. 
There were one hundred and twenty-five thousand eggs of 
these fish received March 7, 1888, from Grand Lake Stream, 
Me., which were hatched and distributed as follows* : — 



E. G. Loomis, Bedford. 

J. B. Peck, North Attleborough. 

J. O. Parker, Methuen. 

A. L. Dame, Methuen. 
N. C. Locke, Salem. 

B. P. Owen, Easthampton. 
B. C. Cahoon, Falmouth. 



Thos. Lawrence, Falmouth. 
H. G. Baker, Fall River. 
H. B. Maglathlin, Pembroke. 
C. A. Howland, Zylonite. 
Win. D. Sohier, Beverly. 
C. Curry, Fiskdale. 



The Cultivation of Migratory Fish in Ponds. 
An interesting experiment is being carried on by the 
United States Commissioner, in retaining artificially hatched 
migratory fish in small ponds, free from their enemies, and 
feeding them until they are one or two years old. The ex- 
periment is not a new one. It was tried in several places, 
both here and in Europe, during the early years of fish 
culture. It was found that there was a serious mortality the 
first year, less the second, and scarcely any loss the third. 
There were many theories put forth to account for this loss, 
which appeared to be about the same in all cases. The 
probabilities are, that it arose from lack of proper food ; 
and this theory is strengthened by the fact that the larger 
fish are often found eating the weaker ones, — a condition 
that is not likely to occur when they are supplied with such 
food as they find in their natural haunts. 

* For ponds in towns named, or vicinity. 



16 FISH AND GAME. [Dec. 

From thirty to forty per cent only of the young fish were 
raised. Where these ponds were established at the head- 
waters of rivers and streams for the propagation of trout 
and salmon, there appeared to be some advantage in it. In 
streams suitable for the rearing of these fish, their principal 
enemies are frogs, water-snakes and several species of birds. 
In ponds under our care, frogs were often taken having in- 
side of them from ten to fifteen young trout or salmon. 
The water-snake is equally destructive, and both should be 
carefully kept out of all such ponds. 

This method of culture was found to be expensive both in 
the care and maintenance of the fish, and especially in 
transportation. While from four to five thousand young fry 
can be carried in one can, only about fifty of the two-year- 
olds can be safely carried in the same can. It was also found 
that fish so reared lost, to a great extent, their instinct of 
self-preservation, allowing carnivorous fish to approach them 
without fear, and were speedily destroyed. Whatever may 
be the enemies which the young migratory fish have to 
encounter during their stay in fresh water, the loss is small, 
compared with what takes place in the sea. This is seen in 
our ale wife fisheries, where, in a single stream, millions of 
young fish yearly go down to the sea, and only from seven- 
ty-five to a hundred thousand adult fish return. Fish that 
run in schools, like the ale wife and shad, are more liable to 
fall a prey to their enemies than those that are not gre- 
garious. For this reason, in order to maintain the balance, 
nature has supplied them with increased power of reproduc- 
tion. A full-grown alewife will cast from a hundred to one 
hundred and fifty thousand eggs in a season, while a trout of 
the same weight will cast less than a thousand. 

While the experiment above alluded to, carried on, as it 
will be, scientifically, may lead to additional knowledge of 
the habits and growth of fish, it is doubtful if it will result 
in a practical and easy method of increasing the supply of 
food. 

Salmon in the Meerimac. 

In order to understand the work of restocking this river 
with salmon, reference should be made to stataments in 
former reports, especially those of 1886-87, from which we 



1888.] PUBLIC DOCUMENT — No. 25. 17 

extract the following figures of the number of salmon taken 
at North Andover, while fishing for shad, and returned to 
the river alive, and those seen passing over the Lawrence 
fishway, which is closed for inspection for only about a half- 
hour each day. 





North Andover. 


Lawrence Fish- 
way. 


1886, 

1887, 

1888, 


9 
11 
51 


11 

69 
91 





These data give an approximate idea of the relative in- 
crease during the last three years. 

We stated, in last year's report, that : — 

Salmon in the Merrimac spawn in the fall and return to the sea 
on the spring freshets. As they spawn every other year, the run 
of this year will not, therefore, return till 1889. There is no 
reason to conclude, however, that there will be any decrease next 
year, as the continuous planting at the head-waters will more than 
make up for the absence of these fish, while the run for 1889 
should be more than double that of this year. 

This year, one hundred thousand salmon eggs were taken 
from salmon secured at the hatchery at Plymouth, which, 
with what will be received as Massachusetts' share from the 
salmon-breeding works at Bucksport, Me., will enable us to 
plant in the river next spring about five hundred thousand 
young fish. 

It should be remembered, that, when we commenced the 
work of restocking this river, no salmon had been known to 
enter it for more than twenty-five years. The existence of 
dams and the condition of the water, arising mainly from 
cutting off the forests, rendered the experiment a doubtful 
one. It is now apparent, that, if we had proceeded less 
cautiously, the present results would have been sooner 
developed. 

Among the obstacles to the successful restocking of our 
rivers with salmon, is the number of these fish destined by 



18 FISH AND GAME. [Dec. 

the weirs and pounds. The pound and weir men, in the 
long and expensive hearings before the legislative committee, 
have always protested that they did not interfere with the 
inland fisheries ; but, if the reports we have received can be 
relied upon, they have taken many salmon in their traps, — 
a thing entirely unknown until the State began to stock 
the rivers with these fish. One weir is reported, on good 
authority, to have taken twenty-three salmon in one season. 
These salmon undoubtedly belong to the rivers in which 
they have been planted by the State. That the pound and 
weir men understand that it is unlawful to take and retain 
them, is evident from the fact that, where they are known to 
have been taken, they have not, as a rule, been included in the 
annual returns.* As this destruction of the salmon materially 
interferes with the restocking of our rivers, it is to be hoped 
that the fishermen will regard the interest of the State, and 
return them alive to the sea. 

The restocking of the Merrimac with salmon is one of the 
most interesting and successful experiments in the whole 
history of fish-culture. 

To the Commissioners on Inland Fisheries for the Commonwealth of 
Massachusetts. 

Gentlemen : — As instructed by the Commissioners of Massa- 
chusetts and New Hampshire, I have rebuilt the hatchery that was 
destroyed by fire last winter. The new building is 55 X 26 feet, 
with an office and work-room at one end ; painted inside and out, 
and finished in a thorough manner. New hatching troughs and 
trays have been put in, making it a first-class hatchery in every 
respect. The water pipes w T ere not disturbed by the fire, thus 
there was no outlay for water supply. 

A new building, 16 X 14 feet, has been built near the breeding- 
ponds, to be used for boiling and cutting the meat for the trout, 
and for taking eggs in when stormy, or during very bright sun- 
light. I found it necessary to build a double barbed-wire fence 
around the trout ponds, six and a half feet high. The whole 
expense will be not far from one thousand dollars, of which five 
hunched dollars was paid by the insurance on the old hatchery, 
and the balance by Massachusetts and New Hampshire. Fortu- 
nately, when the fire occurred, the whole of the four hundred thou- 
sand trout eggs had been sent to Winchester. 

* Seventy-seven salmon are given in returns of weirs this year. 



1888.] PUBLIC DOCUMENT — No. 25. 19 

The first salmon was taken June 27. The run was larger than 
last season, and many of the fish were very large ; one male and 
female measured forty-four and a half inches each in length. 
Fourteen thousand eggs were taken from the female the last week 
in October. There are now about one hundred thousand salmon 
eggs in the house, taken from the Merrimac River salmon this 
season. They are now advanced far enough to show that the loss 
will be very small, — less than two per cent. 

I disposed of as many of the male trout as I could, and used the 
money to purchase small wild trout, from four to eight inches in 
length ; and, to make room for the small trout now in the large 
reservoir, . I shall be obliged to dispose of more large males in the 
spring. 

The number of brook trout eggs taken last season was eight 
hundred thousand, of which four hundred thousand were sent to 
Winchester in January and February. The number this year will 
be nearly as large. 

One female land-locked salmon, six and a half pounds in weight, 
was taken in the river. Four thousand eggs were taken from her. 
No male of that species being taken, the eggs were impregnated 
with milt from the Salmo solar, or Merrimac River salmon. 

All necessary repairs to the tanks and ponds have been made, 
and the station has never been so well equipped for work since it 
was built as at the present time. 

Respectfully yours, 

E. B. Hodge, Superintendent. 
Plymouth, N. H., Dec. 4, 1888. 

Connecticut River. 
In our efforts to propagate and maintain our food-fishes, 
we have many obstacles to encounter. As soon as it is 
known that there is an increase of fish in any place, it is 
a signal for the fishermen to raid upon it, and in a short time 
it is depleted by overfishing. The well-known improvident 
character of many of the fishermen, leading them to take all 
the\ r can to-day, regardless of to-morrow, is everywhere 
dominant. The history of the fisheries, down to within a 
few years, is little else than a record of indiscriminate 
slaughter. Many of the laws that have been passed were 
dictated by the fishermen, and appear to have been intended, 
largely, to settle conflicting interests among themselves, 
with little regard to the maintenance of an important in- 



20 FISH AND GAME. [Dec. 

dustry. It is difficult to point to any instance where they 
have combined, with intelligent action, for the preservation 
of the fisheries, or where they have not more or less op- 
posed all legislation intended for that purpose, when it 
called for any sacrifice on their part. The consequence has 
been, that a source of food, second only to bread and meat, 
has been steadily decreasing. 

It was to arrest this destructive tendency, and bring order 
out of this chaotic condition of the fisheries, that a more 
healthy and conservative feeling sprang up all over the 
country, leading to the appointment of commissioners in 
thirty-seven States and territories, and also a United States 
commission to co-operate with the State commissions. These 
men have generally been well fitted for the position, unself- 
ish in their aims, acting solely for the public good, and con- 
sequently* in the true interest of the fishermen. Most of 
them have served without pay, and those who have been 
paid, have been poorly compensated for their labor. If they 
have not in all cases succeeded in the work intrusted to them, 
the fault is not theirs, for they have everywhere counselled 
and advised methods, which, if they had been heeded, would 
have led to success. That they have not always been sus- 
tained, that the fishermen, still clinging to their old habits, 
have sometimes prevented healthy legislation, is well known. 
A notable instance of this is found in the efforts of the com- 
missioners to regulate the fisheries of the Connecticut River. 
This river runs through four States, and each State has an 
undoubted right to a share in the fisheries. Soon after the 
commissioners were appointed, they held frequent meetings, 
and, in a spirit of comity, decided what would be just to 
each State. It was very evident, from the beginning, that, 
unless some restrictions could be placed upon the pounds, 
seines and gill-nets, at the mouth of the river, the fisheries 
on the upper portions would be worthless. The com- 
missioners of the different States were responsible for the 
fulfilment of the agreement, and those of New Hampshire, 
Vermont and Massachusetts performed their part in a liberal 
manner. A long and expensive lawsuit, defining the 
rights of the commissioners to cause fishways to be built 
over dams, was, after passing through the lower courts, 



1888.] 



PUBLIC DOCUMENT — No. 25. 



21 



decided, in the Supreme Court of the United States, in favor 
of the Commission. Fish ways, costing many thousands of 
dollars, were constructed, and a hearty co-operation extended 
to Connecticut, for the purpose of restocking the river. Mean- 
time, there was a conflict between the Connecticut commis- 
sioners and fishermen, and also a bitter feeling among the 
seiners, gill-net men and pound men, each accusing the other 
of overfishing and interfering with their rights. It is probable 
that either of the contending parties would have united with 
the commissioners in controlling the other; but the commis- 
sioners did not secure success by attacking the divided 
forces of an enemy, and, in the contest before their Legisla- 
ture, were defeated. 

A law had been passed by the Connecticut Legislature, 
protecting the salmon which had been put into the river by 
the commissioners of the four States, but was repealed before 
the fish had time to return from the sea ; and they were 
prevented from reaching their spawning grounds by being 
destroyed by the pounds, seines and gill-nets at the mouth 
of the river. 

The commissioners of Connecticut and Massachusetts also 
stocked the river well with shad. In 1879 the catch of 
shad on the lower part of the river was 436,981, the market 
value of which was $61,177.34. Finding that the State of 
Connecticut did not sustain its commissioners, and that the 
fishermen had no appreciation of what was due another State, 
the commissioners of Massachusetts declined to make further 
expenditures for which they received no return ; and, in 
doing so, stated that it was only a question of time when the 
great shad fisheries of the Connecticut River would be 
destroyed through the cupidity of the fishermen. Subse- 
quent events have shown that we were right ; and, in proof, 
we append a record of the catch of shad on the lower part 
of the river for the last ten years : — 



1879, 


. 436,981 


1884, 


. 150,045 


1880, 


. 269,918 


1885, . . 


. 190,300 


1881, . 


. 351,678 


1886, 


. 117,950 


1882, 


. 272,903 


1887, 


80,350 


1883, 


. 177,308 


1888, 


. *68,450 



A decrease of eighty-four per cent, in ten years. 



22 FISH AND GAME. [D 



ec. 



Only eight hundred were taken by seines during the past 
season. Practically, to this class of fishermen, the shad 
fisheries of the Connecticut are of the past. The seiners 
are loud in their condemnation of the pounds ; complain 
that the commissioners have not protected the fisheries, and 
assert that artificial hatching is a failure. 

The Connecticut commissioners state, in their last report, 
"that, as the shad decrease in number, the fishermen seem 
more and more reluctant to give details of their work, as if 
the commissioners were in some way hostile to them." 

It is the old and oft-repeated expression of human weak- 
ness, that seeks to lay the blame due to ourselves upon those 
who are not responsible for it. The commissioners of Con- 
necticut have repeatedly pointed out to the fishermen the con- 
sequences of their action, and had a right to expect that the 
Legislature would have heeded the advice of men who were 
devoting their time entirely to the interest of the State. 

The history of the fisheries of this river, from the time it 
came under the supervision of the commission to its present 
exhausted condition, presents an unanswerable argument in 
favor of fish culture. It also affords a striking illustration 
of legislation largely influenced by men who appear to see 
nothing beyond their immediate wants. 

The following editorial, from a leading journal on fish 
culture,* was suggested by the complaints of these fisher- 
men : — * . 
Fishermen and Fish Propagators. 

"Fishermen seem to have lo«t faith in shad propagation as a means of restocking 
the river." — Bridgeport (Conn.) Standard. 

This river may be the Housatonic, or it may be the Connecticut, 
it matters little which particular river ; it is some river, some- 
where, and thus the summons in the action, "The Fishermen vs. 
the Fish Culturists," has been served without the complaint. If a 
man should, in the year of our Lord 1888, wander into an isolated 
camp of Digger Indians, and be moved thereby to exclaim, " Civil- 
ization is a failure ! " there would in all probability be some other 
man waiting out in the sage-brush ready to repeat the exclamation, 
without really knowing or caring what it meant ; and, in time, 
there might grow up a society of crusaders, with a mission to have 

* " Shooing and Fi&liing." 



1888.] PUBLIC DOCUMENT — No. 25. 23 

an annual dinner, at which the members could tell why civilization 
was a failure, and deplore that the Digger Indians, who have 
been here since before the Pilgrims, did not understand the rules 
of base ball, could not figure out election returns, did not wash 
their faces from birth to death, knew nothing of Volapuk, and 
could not, in a tenor voice, call " Central" through the telephone. 
It is possible, because fishermen in one particular locality may 
conclude that fish propagation has not brought back to them what 
they have in some way lost, that fishermen in other localities may 
arrive at the same conclusion without giving the matter proper 
thought. 

Fish propagation is not a panacea, a cure-all, for every stream 
and pond and lake and ocean that has been overfished. There 
are cases that it cannot cure, and its professors say so plainly ; 
there are other cases that it tries to cure, and would cure, with 
proper attention paid to the remedies prescribed, and to which the 
attendants of the patient give little heed ; there are still other and 
a far greater number of cases that it cures every time, because 
all requirements are complied with. It does not necessarily follow, 
that, because a river once contained shad in abundance, it will 
always be thus prolific, even though the entire product of the shad- 
hatching jars of the United States Fish Commission be turned 
into its waters. Times change, and rivers change with them. 
The volume of water may be reduced and its temperature become 
warmer, as the forests are cut down and its fountain springs dry 
up. Cities and towns increase and multiply, mills and factories 
spring up, and all add to the pollution of river water. Owing to 
changed conditions, the all- important supply of natural fish food 
may diminish or disappear. Dams may cut the fish off from their 
breeding grounds. Engines of destruction increase with the in- 
crease of population and demand for food fish, and not always are 
there proper legal restrictions as to the means and times of fishing. 
One cannot fill at the spigot and draw at the bung, and escape 
making an assignment for the benefit of creditors, although a 
liberal and generous government may be the endorser. If one 
river with seemingly proper conditions for restocking with a certain 
fish proves to be unfertile after the experiment of restocking is 
tried, it would be well to investigate, and find what favorable con- 
dition is actually lacking, rather than pronounce fish propagation 
a failure at a time when other and perhaps adjoining -streams con- 
trovert the statement. 

In the Hudson River the shad nets increased to such an extent, 
with the increase of shad under artificial propagation, that it was 
almost impossible for a sufficient number of shad to find their way 



24 FISH AND GAME. [Dec. 

to natural spawning grounds, and furnish eggs to carry on the 
restocking operations. The close season from June 15 to March 
15 in each year was not sufficient, and last year (1887) the Legis- 
lature passed a law which forbids the taking of shad in the river 
between sunset on Saturday and sunrise on the following Monday ; 
but its utility was practically nullified by the insertion of a clause 
confining its application to that part of the river where the blockade 
does not exist. 

In spite of the Legislature and the shad fishermen with their 
barricade of nets, the shad have increased in the Hudson. We 
can find only the figures for the past three years, 1885, 1886 and 
1887 ; and the number of shad taken in these years are respectively, 
1,174,835, 1,300,949 and 1,568,634. This increase is doubtless 
owing in part to the contributions of shad fry made by the United 
States. The plantings made by the State Commission have de- 
pended upon the abundance or scarcity of breeding fish to be 
obtained. Shad fishing in the river was at a low ebb in 1870, and 
the greatest plant made by the State, over 8,000,000, was made in 
1871. As shad increased, nets increased, and the State Commis- 
sion could not get sufficient breeding shad for their purpose. In 
1885 the plant by the State was 1,728,500 fry. Until shad are 
allowed a passage up-stream, the State Commission will be ham- 
pered in their shad-hatching operations ; and when for this reason 
the shad decrease, the fishermen may say that the propagation of 
shad is a failure. 

Lobster Fisheries. 

Valuable information has been obtained during the past 
year in regard to these fisheries. The Massachusetts coast 
has been patrolled from Rhode Island to the New Hamp- 
shire line, and, for the first time in the history of the State, 
statistics of the lobster fisheries have been obtained. 

On the 14th of last June, under the authority of chapter 
389, Acts of 1888, Mr. Wm. H. Proctor was appointed on 
the district police force, and was immediately detailed to 
assist the commission in enforcing the laws on fish and game. 
As a preliminary step toward carrying out the intention of 
the Legislature, so far as the lobster fisheries were con- 
cerned, it was deemed necessary to obtain full statistics 
concerning them. By referring to Mr. Proctor's report and 
the appendix, it will be. seen that during the year there were 
engaged in this business 367 men, using 22,310 traps, with 



1888.] PUBLIC DOCUMENT — No. 25. 25 

an estimated catch of 1,740,850 lobsters. At the average 
price of nine cents each, the lobster fishery for the year is 
valued at $156,676.50. 

Having only a small sail boat at our command with which 
to prosecute this work, the difficulties and delays on account 
of the weather and other unavoidable circumstances caused 
much loss of time and serious inconvenience. If the laws 
for the protection of lobsters are to be enforced, if the annual 
shipment of hundreds of thousands of short lobsters in 
sailing vessels to New York and other States is to be 
stopped, a small steamer, drawing not more than four feet 
of water, with speed enough to overhaul ordinary sailing 
vessels, should be substituted for the present police boat. 
Such a boat could be bought for a small sum, and, as it 
would not require a professional engineer, its running ex- 
penses would be comparatively light. The laws cannot be 
enforced without it, and the State cannot afford to allow these 
valuable fisheries to be destroyed, when we can with moder- 
ate expense protect and increase them. 

It will be seen by Mr. Proctor's report, that, notwith- 
standing the great depletion of the lobster fisheries of this 
State, it is still an important industry, and that there exists 
at present a sufficient number of breeders to restock our 
waters, provided reasonable laws are passed and strictly 
enforced for their protection. It needs no argument to 
prove to any intelligent, unprejudiced mind, that, if this is 
not done, the lobsters are doomed to certain destruction. 
What has taken place in other countries and States will 
surely follow here, unless we are wise enough to prevent 
such a disaster. Every country boy who keeps hens knows 
that if he kills them he cannot have eggs, and without 
eggs he cannot have chickens. The lobster is a bay or 
estuary animal, and therefore is easily killed out. If this 
destruction is permitted, and no protection given the breed- 
ing females, how is the fishery to be maintained? 

Will the State, regardless of the future, allow the destruc- 
tion of an industry which might be made to produce annually 
millions of pounds of healthy food, and give profitable 
employment to hundreds of fishermen? The subject cer- 
tainly demands the careful consideration of the Legislature. 



26 FISH AND GAME. [Dec. 

The ten and one-half inch law, while it regulates the lobster 
to a marketable size, does not protect the spawning lobsters. 
There are no laws in this State which are effective in pre- 
venting the decrease of the lobster fisheries. No legislation 
that does not protect the breeding lobsters, during at least 
a portion of their spawning season, can arrest the certain 
destruction of this valuable crustacean. 

The State of Maine has a closed season, from the first day 
of August to the fifteenth day of September ; and New 
Hampshire from the 15th of August to the 15th of Septem- 
ber. 

The Dominion government, acting with a broader and 
more comprehensive idea of what is due to the protection of 
these fisheries, has established the following closed sea- 
sons : — Province of Quebec, from the 15th of July to 
December 31 ; Nova Scotia, from the first day of July to 
December 31; on the Atlantic coast, from Cape Canso 
to the boundary of United States, and on other parts, from 
the 15th of July to December 31 ; same for New Brunswick ; 
Prince Edward Island, from July 15 to December 31. The 
rapid decrease of the lobster in the waters of the Dominion 
(which are still far better stocked than our own), led to 
prompt and decisive action. 

Thus it will be seen that the waters of the Atlantic coast, 
where there are lobster fisheries, are protected by a closed 
season, except those of this State. 

The closed season in Maine, New Hampshire and the 
Provinces, had an injurious effect upon our own fisheries. 
In consequence of cutting off the supply from these places, 
the price of lobsters in July, August and a part of Septem- 
ber, rose to seventeen cents a pound, thereby inducing many 
to enter the business, who otherwise would not have done 
so, and filling the market with poor, soft- shelled, watery 
lobsters, unhealthy and unfit for food. The high price in 
this State was a strong inducement to the fishermen of 
Maine to violate the laws of their State ; and, as it stimu- 
lated our own fishermen to an extraordinary catch, it became 
a serious element in the further depletion of these fisheries. 

We have for the last two years urged upon the Legisla- 
ture the importance of a closed season ; but the short-sighted 



1888.] PUBLIC DOCUMENT — No. 25. 27 

policy of the fishermen, and their opposition, regardless of 
their own interests and the public good, has prevented its 
passage. If a closed season cannot be had, the only substi- 
tute we can advise would be an amendment to the ten and 
one-half inch law, increasing the lawful size of marketable 
lobsters ; the protection of egg-bearing lobsters throughout 
the whole year, and the establishment of one or more 
places on the coast for propagation. 

No one who is not familiar with the subject can form an 
adequate idea of the amount of labor necessary, even under 
the most favorable circumstances, to carry out the inten- 
tions of the Legislature. There have been, during the past 
year, sixty-one arrests and fifty-three convictions for viola- 
tions of the lobster law. We recommend that the lobster- 
catchers be required to make annual returns of their catch ; 
and, also, that the commissioners and their deputies shall 
have authority to arrest on sight persons who are actually 
engaged, at the time, in violation of the law. 

Swampscott, October, 1888. 
Commissioners on Inland Fisheries and Game. 

Gentlemen: — As a district police officer, appointed June 14, 
1888, and detailed for your use, I respectfully submit the follow- 
ing report. 

Fish. 

I have inspected the Massachusetts coast from New Hampshire 
to the Rhode Island line, and have ascertained the names and post- 
office addresses of 552 persons who are proprietors of weirs and 
pounds, or of gill-nets and seines. Of these, 130 are weir or 
pound proprietors, and represent 145 weirs or pounds ; 422 are 
net owners, and they will average about 6 nets each, making an 
estimate of over 2,500 gill and sweep nets. 

Lobsters. 
I have also ascertained the name, number of traps, and estimated 
catch of each lobster fisherman, the total of which is as follows : 
367 men; 22,310 traps; 1,740,850 lobsters. The average price 
for lobsters is nine cents each, amounting to $156,676.50 annually. 
The names I have obtained are of regular fishermen, who catch 
fish and lobsters for a livelihood. There are others who set a few 
traps to catch lobsters for their own use , and these, with a few 
that I may have missed, would make the amounts a trifle larger. 



28 FISH AND GAME. [Dec. 

The number of short lobsters taken from the traps in a season 
will exceed the number that will measure ten and one-half inches 
and over ; and some of the fishermen claim that they cannot help 
catching these little ones. 

About ten years ago fried lobster was introduced, and people 
went into the business of mutilating lobsters, selling the tails of 
small ones for one cent and afterwards for two cents each. It 
was then the lobstermen put the laths on their traps nearer to- 
gether, and knit the meshes in the heads smaller, that they might 
catch the very small lobsters. The same rule will work two ways. 
If they do not want to bother with these small ones, let them put 
their laths or sticks farther apart, and knit the meshes in the heads 
of their traps a little larger, and two-thirds of these little ones will 
not be seen. 

From the year 1878 to 1887 the fishermen disposed of these little 
ones regardless of the law. Some would sell the tails to dealers 
for one or two cents each, while others would supply the summer 
hotels. In this way they destroyed over two millions of lobsters 
annually that were not large enough to spawn. Since 1887 the 
greater part of this business has been stopped. The commission- 
ers have taken steps to enforce the law, and nine-tenths of the 
fishermen of Massachusetts Bay return the little ones to the water. 

Out in Vineyard Sound and in the waters near the Rhode Island 
line, I found the fishermen selling the small lobsters at one and 
one-half cents per pound to lobster smacks that belong in New 
York, when lobsters were worth ten cents per pound at wholesale in 
Massachusetts. All the fishermen in that locality made a regular 
business of selling small lobsters to be carried in smacks to New 
York. I found also three clubs, composed of New York gentle- 
men who spent the summer months at their club-houses, situated 
on Martha's Vineyard and Elizabeth Islands. These gentlemen, 
who fish for striped bass, employ men to catch lobsters of all sizes 
for bait ; and, although they use only a very small portion of what 
is caught, they encourage the fishermen to violate the law. 

Before Maine had a close season, lobsters sold at three or four 
cents apiece during the months of August and September. This 
year Maine and the Dominion government both have a close 
season to protect their lobsters, and Massachusetts is made to 
suffer. 

These poor, thin-shelled, watery lobsters, caught during the 
months of August and September, are sold by the fishermen at ten 
cents per pound. With this high premium on lobsters, -all the 
fishermen, many of whom never caught lobsters at this season 
before, because they were worthless, and they could earn more 



1888.] PUBLIC DOCUMENT — No. 25. 29 

money at other fishing, put out their traps. If this business con- 
tinues, it is only a matter of time when the lobsters will be exter- 
minated. Lobsters were growing less plentiful every year, with 
only a few men fishing through the summer months. If we do not 
have a close season, the demand for lobsters, while they are pro- 
tected in other States, will exhaust the supply very fast. I think 
we should have a close season during the months of July, August 
and September, because lobsters shed their shells in June and 
July, and their new shells do not become hard until late in the 
fall. Lobsters during these months are so thin-shelled, that, if 
they were properly boiled, they would boil to water and be similar 
to a balloon. The dealers, in order to save the weight, steam 
them ten or fifteen minutes, just long enough to turn the shell red ; 
and many who eat them in this half-cooked condition are made 
sick. 

Chatham is an exception, and is the only place on the Massa- 
chusetts coast where they catch good hard lobsters in the summer. 
There seems to be a school of lobsters on the shoals between 
Chatham and Nantucket that differ slightly in habits from all 
others in Massachusetts or Maine waters. 

Fifteen or twenty years ago, twenty-five or thirty traps were 
enough for one man, and he could catch more lobsters than he 
can now in a hundred. He never would save one that weighed 
less than two pounds, with a hard shell. Now they set as high as 
two hundred traps to a man, and save both hard and soft shelled 
lobsters, three out of every four weighing less than two pounds 
each ; and still some fishermen claim they are just as plenty as 
ever. 

I think the law protecting egg-bearing lobsters should be ex- 
tended throughout the year, as every month some are found with 
eggs. Every lobster bearing eggs has from thirty to forty thou- 
sand eggs, and I think should be thrown back into the sea when- 
ever caught. Deputy Horton and I counted the eggs on a twelve- 
inch lobster, and found 38,500. 

The following is a list of the seizures, parties arrested, and 
results of the trials in court : — 

June 30. Seized thirty-four lobsters from Louis 0. Sargent, at Man- 
chester. 

July 6. Case tried at Salem, fined $30 and costs. 

18. Seized twenty lobsters from Robert Ansley, at Cohasset. 

Sept. 22. Case tried at Quincy, fined $30 and costs. 

July 18. Seized six lobsters from Manuel Vandura, at Cohasset. 

Sept. 22. Case tried at Quincy, fined $30 and costs. For assaulting 
officer, case placed on file. 



July 


18. 


Sept. 


22. 


July 


25. 


Aug. 


2. 


July 


25. 


Aug. 


2. 


July 


25. 


Aug. 


2. 




3. 



30 FISH AND GAME. [Dec. 

Seized twenty lobsters from John Grassie, at Cohasset. 

Case tried at Quincy, fined $30 and costs. 

Seized one hundred and seven lobsters from Chas. F. Stranger, 

at Gosnold. 
Case tried at Cottage City, fined $100 and costs. 
Seized forty-five lobsters from Oscar H. Stetson, at Gosnold. 
Case tried at Cottage City, fined $100 and costs. 
Seized thirteen lobsters from Frederic M. Redmond, at Gay 

Head. 
Case tried at Chilmark, discharged. 
Seized one lobster from Louis H. Pease, at Cottage City; fined 

$5 and costs. 
23. Seized thirteen lobsters and seven tails from Addison Lam- 

phier, at Point of Pines. 
Oct. 27. Case tried at Lynn, fined §65 and costs. 

The case tried before Trial Justice Hillman at Chilroark was 
lost in the following manner : On the twenty-fifth day of last 
July, the schooner " Edwioa C. Redmond" was anchored off Gay 
Head, taking on board a load of lobsters of all sizes. I went 
alongside in my boat, and the captain forbade me to come on 
board. Notwithstanding his orders, I jumped on the deck, while 
his men let the crate of lobsters run overboard that they were in 
the act of taking in when I came alongside. I seized thirteen 
little ones that they did not have time to get overboard, and 
arrested Captain Redmond. I took him before Trial Justice Hill- 
man, had the warrant filled, and the complaint properly alleged 
and dated. He discharged the prisoner because I omitted the 
words eighteen hundred and eighty-eight in my testimony, claim- 
ing that he could not tell whether the offence took place in the 
year 1800 or 1888. He gave his decision without giving the gov- 
ernment side a chance to say a word ; and, when I told him that I 
wished to argue the case, he said that his mind was made up, and 
what I could say would not change his decision. The case was a 
clear one, and the prisoner did not deny the charge, the lobsters 
being very small. 

Having only a small sail boat to cruise about in, starting late in 
the season and encountering much bad weather, I have found it 
difficult to inspect the coast in a satisfactory manner. On pleas- 
ant, calm days we could not get anywhere, and when the ay hid 
came it would oftentimes blow too hard for a small boat. If we 
had a small steamer, so as to improve the good weather, and not 
have to wait for wind or tide, I see no reason why the fishing 
interests of this State cannot be thoroughly protected. 
Yours truly, 

Wm. H. Proctor, District Police. 



1888.] 



PUBLIC DOCUMENT — No. 25. 



31 



To the Commissioners on Inland Fisheries. 

Gentlemen: — As one of your Deputy Fish Commissioners of 
the State, I respectfully submit the following report. 

From April 1 to October 4, I have spent 83 days in the business 
of enforcing the laws of the State regulating the sale of lobsters. 
Number of seizures made, 42 ; number of parties brought before 
the courts, 33 ; number of convictions, 29 ; number of persons 
discharged, 4. 

The following list gives the names of the parties that have 
been brought before the courts, and the amount of fine imposed in 
each case : — 

Haverhill Cases. 



April 17. A. J. Hodgdon, convicted, 

May 1. Higgins & Lewis, convicted, . 

1. Mark W. Mahoney, convicted, 

1. Mark W. Mahoney, convicted, 

1. Mark .W. Mahoney, convicted, 

1. Homans & Putnam, discharged. 

1. E. D. Harriman, discharged. 



FINE. 

$ 20 and costs. 

10 and costs. 

15 and costs. 

15 and costs. 

5 and costs. 



Lowell Cases 

May 3. J. L. Shay, convicted, 

3. O. J. Gilbert, convicted, . 

5. Keefe Brothers, convicted, 

5. Samuel P. Pike, convicted, 

5. C. A. Robinson, convicted, 

5. Gray Brothers, convicted, 

21. W. H. Sullivan, convicted, 

21. C. M. Allen, convicted, . 









$20 and costs 








15 and costs 








15 and costs. 








5 and costs 








5 and costs 








5 and costs 








10 and costs 








10 and costs. 



Lawrence Case. 
May 11. James Connell, discharged. 



Taunton Cases. 
June 4. C Ryder & Son, convicted, . 
Aug. 18. James Mullaney, convicted, . 



$80. 
20. 



Peabodt Cases. 
Aug. 13. R. J. Winton, convicted, . 
13. R. F. Dodge, convicted, . 
Sept. 4. R. F. Dodge, convicted, . 



$15 and costs. 
10 and costs. 
40 and costs 



Beverly Case. 
Sept. 10. Geo. S. Seeley, convicted, 



$50. 



32 



FISH AND GAME. 



[Dec. 



Gloucester Case. 
Sept. 11. jNelson Rowe, convicted, 

Brockton Cases. 
July 26. X. C. Xewconib, convicted, 
31. Percival & Cox, convicted, 



FINE. 

$5 and costs. 



§10 and costs. 
5 and costs. 



Aug. 


2. 




2. 




7. 




23. 




24. 


Sept. 


27. 


Oct. 


3. 


Aug. 


23. 



Fall River Cases. 
C. A. Sanford, convicted, .... $25 and costs. 
J. Higginbothom, convicted, . . 10 and costs. 

A. C. Gifford, convicted, 20 and costs. 

Jesse M. Shaw, convicted, .... 20 and costs. 
George B. Gifford, convicted, .... 10 and costs. 
George B. Gifford, convicted, .... 15 and costs. 
Daniel A. Crapo, convicted, . . . ' . 20 and costs. 
Jesse M. Shaw, discharged. 
[This was a case for having in possession egg-bearing lobsters in 
July. It was shown that the lobsters were caught in Rhode Island.] 
Total amount in fines and costs, .... $703. -10 

The parties that have been brought before the courts have gen- 
erally found no fault, but paid their fines, said they knew the law, 
but did not think there would be any complaint if the lobster was 
within half an inch of the required length. All have admitted that 
it was right to enforce the law, and freely furnished me with infor- 
mation in reference to the traffic. Full liberty has been given 
me to search at all times and places, even to the stopping and 
searching of a wagon on a public highway. Expressmen have 
freely consented to an examination of their wagons. Railroad 
station agents have granted me all favors asked, and the judges 
of the several courts without exception have shown a willingness 
to sustain the decision of the supreme court in reference to the 
possession of short lobsters ; in fact, there is no opposition to 
the law, except that furnished by the short-sighted catchers of 
lobsters, who, blind to their own interest, persist in destroying 
an industry that furnishes them with a living. When lobsters 
eight iuches in length are selling at eighteen and twenty cents per 
pound, as was the case early in the season, there is quite 
an inducement, and a temptation not easily resisted by many 
of the poorer class of catchers, to retain those that are from 
eight to ten inches in length ; their present necessity being 
such that the future is entirely lost sight of, — a practice which 
is certain to further distress them. The lobster has many enemies 
to contend with. When small, millions of them are destroyed as 
food for other inhabitants of the ocean ; as it increases in size, 



1888.] PUBLIC DOCUMENT — No. 25. 33 

its risk of life from this source diminishes ; and, when it reaches 
a length of nine inches, it has little to fear save the fatal trap of 
the lawless catcher. In many instances, where a good-sized 
female lobster bearing eggs is taken, the catcher applies the glove 
or mitten, disposes of the eggs, throws the lobster in with the rest 
of his catch, and chuckles to himself at having evaded the law, 
and at the same time saved the twelve cents he will get for the 
lobster. It is possible the twelve cents received for the lobster 
may be a fair return for the time spent in removing the eggs ; but 
the returns from the market where he disposed of the sixty thou- 
sand eggs will come in later, and it requires bat a moment's 
thought to realize what the returns will be, — the destruction of his 
business. The several changes in the laws, that were suggested 
last year should be earnestly presented to the coming Legislature, 
especially the one asking for a close season ; for it is evident, if 
other States see the necessity of a close season, the Massachusetts 
coast should not be left open. The law in relation to egg-bearing 
lobsters is sadly deficient. A lobster taken in May or any other 
month, bearing eggs, and destroyed, has precisely the same effect 
upon the lobster industry as one destroyed in July. Egg-bearing 
lobsters should be returned to the water from April 1 to October 
1 ; and it would be better to have them returned at all times. 
The law of 1882, chapter 91, section 82, should be amended by 
striking out the words, u taken in this Commonwealth," as it is 
almost impossible to secure a conviction where the parties claim 
the lobsters were taken outside the limits of the State. The bur- 
den of proof is upon the Commonwealth ; and, nine times out of 
ten, the proof cannot be found. 

Respectfully yours, 

B. P. Chad wick, Deputy Commissioner. 
Bradford, Oct. 10, 1888. 

Commissioners on Inland Fisheries and Game. 

Gentlemen : — Since I received my appointment, July 23, 
1888, I have made the following arrests and convictions : — 

1888. 

July 28. Nehemiah C. Newcomb of Brockton, two short lobsters. 
Fined f 10 and costs ; $19.93. Paid. 
26. Percival & Cox, Campello, one short lobster. Fined $5 and 
costs; $15.43. Paid. 
Aug. 4. William Croncher, three short lobsters. Discharged. 

6. George H. Wilson, Quincy, one short lobster. Fined $5 and 
costs. Paid. 



34 FISH AND GAME. [Dec. 

1888. 

Aug. 11. Francis W. French, Quincy, for having in his possession, un- 
lawfully, for sale, three rose-breasted grossbeaks, two yel- 
low birds, one siskin, one linnet. Fined $10 and costs. 
Paid. 
15. Horatio Hathaway, Jr., New Bedford, for shooting three sea 
gulls at Chappaquiddie. Fined $30 and costs ; $44.35. 
Paid. 

Yours respectfully, 

Francis Pease, Deputy Commissioner. 
Brockton, Mass. 



Swampscott, Oct. 29, 1888. 
E. A. Brackett, Esq., Chairman of Commissioners on Inland Fisheries 
and Game. 

As one of your deputies, I beg leave to present the following 
report. I have been with Officer Proctor during the summer 
months as assistant, and have studied the customs of fishermen 
along the coast. I have been in the lobster business some twelve 
years, and have noticed the gradual decrease of lobsters duriug 
that time. When I first fished for lobsters, there was a regular 
school of them that came in every spring and went out every fall. 
Now, by fishing all summer, the school has been broken up, so we 
cannot tell when they go or come. Twelve years ago, twenty-five 
to thirty traps were considered a string for one man ; now from 
fifty to one hundred traps are set to catch the same number of 
lobsters, and they do not run nearly as large. 

For many years the fishermen have been mutilating short 
lobsters ; but, owing to the efforts made by the commissioners to 
enforce the law, many thousands have been thrown back into the 
sea alive. One lobster-catcher, who makes a business of mutilat- 
ing lobsters or shipping them to New York, destroys more small 
lobsters than are sold in all the fish markets in this State. A 
great many of the lobster fishermen formerly never fished during 
the summer months ; but, the price of lobsters becoming high, 
owing to the close season in Maine and Canada, nearly all went 
into the summer business. Unless we have a close season in 
Massachusetts, continual fishing through the year, in consequence 
of the high price paid for lobsters, will soon exterminate them. 
As lobsters are found with spawn on them every month in the 
year, I think egg-bearing lobsters should be protected the year 
round. We counted the spawn on a twelve-inch lobster to-day, 
and found 38,500 eggs. 

Yours truly, 

Frank H. Horton. 



1888.] PUBLIC DOCUMENT — No. 25. 35 

Birds and Game. 
The change of the law, whereby the close season for ruffed 
grouse begins December 1, is believed by many to be a mis- 
take. 

Legislation concerning the protection of game has been 
capricious and largely unwise. It is the result of pressure 
from different sections of the State, each having in a degree 
differing conditions affecting the game birds, and in some 
measure of mistaken although honest zeal from the friends 
of the game. 

It is probably impossible to frame a law applying to the 
whole Commonwealth, that would satisfy entirely people 
desiring the efficient protection of game ; but, in the light 
of our past experience, of present observation and careful 
consideration, we recommend a law which shall give a 
uniform open season of the months of October, November 
and December, for woodcock, quail and partridge. This 
will best secure the protection desired, and give ample time 
and the best time for the pursuit of these birds. 

Complaint is made from the Cape that the protected deer 
are killed illegally. We have no doubt that this is true. 
Because of lack of definite and sufficient evidence, no prose- 
cutions have been instituted. To protect a closed district 
like the Cape requires more instrumentalities than we have 
at hand, without the earnest cooperation of the residents. 

A few successful prosecutions for violation of the game 
law in a neighborhood always results in practical protection 
for the game in that region thereafter. Prosecutions are 
instituted whenever the evidence can be had. 

The public sentiment in favor of the protection of our 
song and insectivorous birds is growing, and the moral 
sentiment of the State is tending strongly in favor of the 
law for their protection. The diffusion of intelligence con- 
cerning all our birds, and concerning the purposes of legis- 
lation for close seasons and for protection, is the strongest 
factor in aid of our efforts. As the people learn the facts, 
they help us. 



36 



FISH AND GAME, 



[Dec. 



Permits. 

Permits to take birds were granted to the following 
persons for the year 1888 : — 



William Brewster, 
Arthur P. Chadbourne, 
Edward C. Mason, 
Arthur C. Bent, . 
Harry G. White, 
Henry A. Purdie, 
Howes Norris, Jr., 
Albert P. Morse, 
Dr. D. T. Huokins, 



Cambridge. 

Cambridge. 

Arlington. 

Taunton. 

Taunton. 

Boston. 

Cottage City. 

Sherborn.* 

Watertown. 



Returns of Inland Fisheries. 

By the appointment of a special member of the State 
police for the service of the Commissioners, we are at last, 
by this act of the Legislature, in a position to obtain proper 
returns of the fisheries, which will give the statistics required 
by the State. Mr. Proctor's appointment, however, was 
made too late in the season to secure such full returns for this 
year as we look for in the future, and we can, therefore, 
only report partial returns as in the past. The effect of his 
work is, however, decidedly apparent from the large number 
of letters received from fishermen who have not made returns 
owing to their lack of knowledge of the law and the method 
of keeping an account of their daily catch. In the returns 
this year will be noticed many of the names of parties who 
have for years faithfully reported their catch, and to such 
continuous returns must we refer for the true indications of 
the increase or decrease of any particular kind of fish in our 
waters. As it is probable that our returns will be so nearly 
complete in the future as to enable us to discuss the data 
obtained with better results than at present, in the present 
report the comparison of the total catch is given as in 
former years, and for this reference is made to table IX. 
in the Appendix of this report. 



* For Wellesley College. 



1888.] PUBLIC DOCUMENT — No. 25. 37 

Mr. Proctor has obtained a list of 130 proprietors of 
weirs, pounds and traps, and of 422 owners of gill-nets and 
seines. Of these only a portion were known to us at the 
beginning of the season, when the blanks were sent out, and 
it was too late to obtain the returns from many this year, as 
they had not kept a record of their catch and were in 
apparent ignorance of the law requiring such a record. This 
can now no longer be an excuse, as all have been officially 
informed of the law, and with an efficient inspector of the 
fisheries the men who do not in future comply with the law 
should pay the penalties of their negligence. 

Of the number of fishermen stated, we have tabulated the 
returns of 83 proprietors of weirs and pounds, 8 of traps of 
various kinds, 134 of gill-nets, 8 of sea-seines, and 19 of 
alewife nets ; a total of 252 out of 552 reported by Mr. 
Proctor. 

It must be stated that of the balance not reporting many 
have written that they were fishing with other parties who 
had reported, and others have stated that they were not 
fishing with nets the past season. It is thus probable that 
of the total number of fishermen who should have made 
returns this year about two-thirds have complied with 
the law. 

The large catch of shad along the coast, in the pounds, 
gill-nets and seines, was far above any catch reported since 
the comparative tables have been kept. In 1882, the total 
catch of shad, including the river catch, as reported, was 
44,734; this year it is 149,246, against only 19,292 last 
year. This extraordinary catch on the coast, while 
attributed in part to the retarded run of the fish to the 
rivers, must be largely due to the immense number which 
have been artificially raised during the several years past 
and placed in rivers along the Atlantic coast. Such an 
unprecedented increase on the coast, notwithstanding the 
excessive fishing of past years, seems difficult to account for 
in any other way. 

The menhaden are showing a recovery from the former 
destructive fishing, and the returns are over 1,300,000 for 
the season, against 97,500 for 1887. A similar increase in 
sea herring is also indicated by a catch of over 7,652,000, 



38 FISH AND GAME. [Dec. 

against 2,345,000 last year. Alewives show an increase in 
the returns of about 300,000 over last year. 

The catch of mackerel is reported at more than 2,700,000 
over the catch of 1887, and all other fishes given in the 
the table show a considerable increase over the preceding 
year, with the exception of scup and tautog, which have 
fallen off from the exceptional catch of 1887, and eels, the 
reported catch of which is less than last year. As an offset, 
there are large gains in the catch of bluefish, Spanish mack- 
erel and squeteague. Among the returns of " other edible 
fish" are large catches of butterfish, and, comparatively, of 
bonito, sea bass and kingfish. 

The additional number of returns this year is not sufficient 
to account for all the changes noted, as will be seen when 
comparisons are made with about the same number of returns 
in the table for 1882, '83 and '84; and it seems as if the 
large increase of fishes breeding in the reopened rivers is 
having a marked effect in furnishing an increase of food to 
the predaceous species inhabiting our waters. Whether this, 
or the remarkable climatic conditions during the year, is the 
cause, can only be determined by the future. 

The returns from ten nets on the Taunton River show a 
catch of 6,353 shad and 902,619 alewives, against 4,550 
shad and 863,278 alewives caught in eight nets last year. 
This increase in the number of shad makes it the largest 
catch in the river since 1882, and there is certainly a cheer- 
ing prospect that this river can be soon brought up to its 
proper mark by artificial breeding. 

Except at the mouth of the Merrimac River, there was no 
catch of shad at the usual time on this river, as shown by 
the single report received from North Andover. At the 
hatchery on this river, however, 721 shad were taken, nearly 
all of which were returned alive to the river after obtaining 
their spawn. 

As shown by the daily examination of the fishway at 
Lawrence, and by those captured at the hatchery, the run of 
salmon was far in excess of previous years. Seventy-seven 
salmon are reported as having been caught in pounds along 
the coast. It is to be hoped that these, with others not 



1888.] PUBLIC DOCUxVIENT — No. 25. 39 

reported, were set free, as the law requires that all salmon 
taken in pounds or nets must be returned alive to the water. 

The catch of shad at South Hadley, on the Connecticut 
River, was 824, or twenty-six less than last year. Of 
course, this means that the fishery is now virtually 
destroyed on this river. The cause of this has been stated 
in another part of this report, and has been dwelt upon in 
former ones. 

For further details of the returns for the year, reference 
is made to the accompanying tables. 

E. A. BRACKETT, 

F. W. PUTNAM, 
E. H. LATHROP, 

Commissioners on Inland Fisheries and Game. 



40 



FISH AND GAME. 



[Dec, 



EXPENDITURES OF COMMISSION. 



Services, .... 
Travelling and other expenses, 



Expenses 
Subscription to salmon-breeding station 
Labor, 

Edwin F. Hunt, services, 
Edwin F. Hunt, expenses. 



§1,735 00 
215 22 



Police boat, 

W. H. Proctor, assistance 

W. H. Mears, services, 

Outfit for police boat, 

Printing, 

Labor at Lawrence fishw 

Repairs to police boat, 

Rent of land, Winchester 

Cans and strainer, 

Spawn, and expenses 

Clerical services 

Bread, 

Piping, 

Postage, 

Legal services, 

Plans, . 



and 



ay 



on same 



expenses, 



§160 00 
39 52 



$100 00 
201 40 



199 52 

175 00 

168 44 

125 00 

102 65 

98 37 

82 14 

76 20 

50 00 

35 50 

31 75 

28 00 

24 25 

23 05 

22 65 

10 00 

5 00 



$1,950 22 



1,858 92 



Amount carried forward, §3,809 14 



1888.] PUBLIC DOCUMENT — No. 25. 41 

Amount brought forward, §3,809 14 

Shad-Hatching at North Andover. 
B P. Chad wick, services, . . . . §135 00 
B. P. Chadwick, expanses, . . . 47 42 

|182 42 

Labor, 192 60 

Rent of grounds, etc., 100 00 

Twine and rope, 3 33 

§478 35 

Joint Hatchery at Liver more Falls. 
E B. Hodge, superintendent, services, . . . §408 32 
Assistant's services, . . . . . . 167 50 

Building hatchery, 200 00 

Fish meat, 39 1 1 

Rent, 25 00 

Hardware, 21 11 

Nets, etc., 16 51 

Insurance, 11 87 

Teaming, 3 75 

Brook trout, 3 67 

896 84 



§5,184 33 
Boston, Dec. 3, 1888. 



APPENDIX. 



[A.] 

LIST OF FISH COMMISSIONERS. 

" Forest and Stream" presents its annual list of the Commis- 
sioners of Fisheries and fishery officers of the different Provinces, 
States and Territories of North America, revised and corrected 
to October 15, from direct correspondence. Those marked with 
a * have failed to answer, and the States so marked are taken 
from last year's list : — 

The United States. 
Col. Marshall McDonald, Commissioner, . . Washington, D. C. 
Capt. J. W. Collins, Assistant in Charge of Fisheries Division. 
Richard Rathbun, Assistant in Charge of Scientific Inquiry. 



Col. D. R. Hundley, . 
Hon. Chas. S. G. Doster, 



Alabama. 



Madison. 
Pratt ville. 



Arizona. 



J. J. Gosper, 
Richard Rule, 



Arkansas 



Prescott. 

Tombstone. 

Yuma. 



Little Rock. 
Little Rock. 
Little Rock. 



H. H. Rottaken, President, 
W. B. Worthen, Secretary, 
J. W. Calloway, ..... 

This State has never made an appropriation for fish culture. 

Dominion of Canada. 

Hon. John Tilton, Deputy Minister of Fisheries, Ottawa. 

Inspectors of Fisheries for the Dominion of Canada, 1888 : W. H. 
Rogers, Amherst, N. S. ; A. C. Bertram, North Sydney, C. B., N. S. ; 
W. H. Venning, St. John, N. B. ; Wm. Wakeham, Gaspe Basin, 
P. Q. ; J. H. Duvar, Alberton, P. E. I. ; Thomas Mowat, New West- 
minster, B. C. ; Alex McQueen, Winnipeg, Man. 



46 FISH AND GAME. [Dec. 

Officers in Charge of Fish-breeding Establishments : S. Wilmot, Super- 
intendent of Fish Culture, Newcastle, Ont. ; Chas. Wilmot, officer in 
charge, Newcastle hatchery, Ont. ; Wm. Parker, Sandwich, Ont. ; 
L. N. Catellier, Tadoussac, Q. ; Philip Yibert, Gaspe, Q. ; A. H. 
Moore, Magog, Q. ; Alex Mowat, Restigouche, Matapedia, P. Q. ; 
A. B. Wilmot, Bedford, N. S. ; C. A. Farquharson, Sydney, N. S. 
Isaac Sheasgreen, Miramichi, N. B. ; Charles McCluskey, St. John 
River, Grand Falls, N. B. ; Henry Clark, Dunk River, P. E. I. ; 
Thomas Mowat, B. C. hatchery, New Westminster, B. C. 

California. 

Joseph Routier, Sacramento. 

J. D. Harvey, Los Angeles. 

Commissioner T. J. Sherwood resigned March 15, 188S. 

Colorado. 
G. F. Whitehead, Denver. 

Connecticut. 

Dr. Wm. M. Hudson Hartford. 

Robert G. Pike, Middletown. 

James A. Bill, Lyme. 

The State has no official superintendent, most of the hatching being 
done by Henry J. Fenton, Poquonnock. 

Dr.i.ws \i:r.. 
Charles Schubert, Odessa. 

Georgia. 

J. H. Henderson, Atlanta. 

Dr. H. H. Cary, Superintendent, ... La Grange. 

Illinois. 

N. K. Fairbank, President, .... Chicago. 

S. P. Bartlett, Quincy. 

Geo. Brenning, Centralia. 

Indiana. 
Enos B. Reed, Indianapolis. 

Iowa. 
E. D. Carlton, ....... Spirit Lake. 

Ole Bjorenson, Superintendent. 



1888.] PUBLIC DOCUMENT — No. 25. 

Kansas. 
S. Fee, Wamego. 



Kentucky 



Wm. Griffith, President, 

P. H. Darby, 

John B. Walker, . 

Hon. C. J. Walton, 

Hon. John A. Steele, 

W. C. Price, 

Hon. J. M. Chambers, 

A. H. Goble, 

J. H. Mallory, . 



Louisville. 

Princeton. 

Madisonville. 

Munfordville. 

Midway. 

Danville. 

Independence. 

Catlettsburg. 

Bowling Green. 



Maine. 

E. M. Stilwell, 

Henry 0. Stanley, .... 
B. W. Counce, Sea and Shore Fisheries, 



Bangor. 

Dixfield. 

Thomaston. 



* MxVRYLAND. 

Dr. E. W. Humphries, Salisbury. 

G. W. Delawder, Oakland. 

Massachusetts. 

E. A. Brackett, Winchester. 

F. W. Putnam, Cambridge. 

E. H. Lathrop, Springfield. 

Michigan. 

John H. Bissell, Detroit. 

Herchel Whitaker, Detroit. 

Joel C. Parker, M.D., Grand Rapids. 

Walter D. Marks, Superintendent, . . . Paris. 

George D. Mussey, Secretary, .... Detroit. 

William A. Butler, Jr., Treasurer, . . . Detroit. 



Minnesota. 

William Bird, 

Niles Carpenter, 

Robert Ormsby Sweeny, President, . 
S. S. Watkins, Superintendent, . 



Fairmount. 

Rushforcl. 

St. Paul. 

Willow Brook, St. Paul. 



48 



FISH AND GAME. 



[Dec, 



Missouri. 
H. M. Garlichs, Chairman, . 
J. L. Smith, . 
H. C. West, 

A. P. Campbell, Secretary, 
Philip Kopplin, Jr., Superintendent 
Elias Cottrill, Superintendent, . 

Nebraska 
William L. May, . 
E. R. Livingston, .... 

B. E. B. Kennedy, .... 
M. E. O'Brien, Superintendent, . 



* Nevada 



W. M. Cary, 



St. Joseph. 
Jefferson City. 
St. Louis. 
St. Joseph. 
St. Louis. 
St. Joseph. 



Fremont. 
Plattsmouth. 
Omaha. 
South Bend. 



Carson City. 



New Hampshire. 

George W. Riddle, 

Elliott B. Hodge, 

John H. Kimball, 

Elliott B. Hodge, Superintendent of Plymouth 
and Sunapee hatcheries, .... 



Manchester. 

Plymouth. 

Marlborough. 



Plymouth. 



New Jersey. 

William Wright, Newark. 

Frank M. Ward, NewtOn. 

J. R. Elkinton, Pennsgrove. 



New York. 

E. G. Blackford, President, .... New York. 

Gen. R. U. Sherman, New Hartford. 

William H. Bowman, Rochester. 

A. S. Joline, ........ Tottenville. 

Henry Burden, . . . . . . . Troy. 

E. P. Doyle, Secretary, room 311, Potter Build- 
ing, New York City. 

Superintendents: Fred Mather, Cold Spring Harbor; Monroe A. Green, 
Caledonia; James H. Marks, Bloomingdale; E. L. Marks, Fulton 
Chain; and E. F. Boehm, Mill Creek. 

Shell-fish Commission: E. G. Blackford, Commissioner; William G. Ford, 
Engineer; J. W. Merserau, Oyster Protector, 80 Fulton Market, 
New York. 



1888.] 



PUBLIC DOCUMENT — No. 25, 



49 



North Carolina. 

William J. Griffin, Chairman, .... Elizabeth City. 

J. B. Watson, Englehard. 

William T. Caho, Bayboro. 



Ohio. 



C. V. Osborn, President, 

A. C. Williams, Secretary 

J. C. Hofer, . 

John H. Law, 

Hon. Emory D. Potter, 

Henry Douglass, Superintendent 

L. K. Buntain, Chief Warden, . 



Dayton. 

Chagrin Palis. 

Bellaire. 

Cincinnati. 

Toledo. 

Sandusky. 

Dayton. 



Oregon. 



F. C. Reed, President, 
E. P. Thompson, . 
R. C. Campbell, . 



Clackamas. 

Portland. 

Ranier. 



Pennsylvania. 

Henry C. Ford, President, 524 Walnut Street, . Philadelphia. 
James V. Long, Corresponding Secretary, 75 

Fifth Avenue, Pittsburg. 

H. C. Demuth, Secretary of Board, . . . Lancaster. 

S. B. Stilwell, Scranton. 

A. S. Dickson, Meadville. 

W. L. Powell, Treasurer, Harrisburg. 

John P. Creveling, Superintendent, . . . Allentown. 

William Buller, Superintendent, . . . Corry. 

Rhode Island. 

John H. Barden, President, .... Rockland. 

Henry T. Root, Treasurer, Providence. 

William P. Morton, Secretary, .... Johnston. 

South Carolina. 

Hon. A. P. Butler, Columbia. 

* Tennessee. 

W. W. McDowell, . . . . . . Memphis. 

H. H. Sneecl, Chattanooga. 

Edward D. Hicks, Nashville. 

Utah. 

A. Milton Musser, Salt Lake City. 



50 



Herbert Brainard, 
F. H. Atlierton, . 



Dr. J. T. Wilkins, 



FISH AND GAME. 

Vermont. 



[Dec. 



Virginia. 



West Virgin 



. St. Albans. 
. Waterbury. 



Bridgetown. 



C. S. White, President, 
F. J. Baxter, Treasurer, 
James H. Miller, Secretary, 

Wisconsin 
The Governor, ex officio. 
Philo Dunning, President, . 
C. L. Valentine, Secretary and Treasurer 

Mark Douglass, 

A. V. H. Carpenter .... 
Calvert Spensley, .... 

E. S. Miner, 

James Nevin, Superintendent, . 



Wyoming Territory. 



. Romney. 
. Sutton. 
. Hinton. 



Madison. 

Janesville. 

Melrose. 

Milwaukee. 

Mineral Point. 

Sturgeon Bay. 

Madison. 



Louis Miller, 



Laramie. 



1888.] PUBLIC DOCUMENT — No. 25. 51 



[B.] 

LIST OF PONDS LEASED 

By the Commissioners on Inland Fisheries, under Authority given 
by Chap. 384, Sect. 9, of the Acts of 1869. 

[During the past year leases of sixteen ponds have either expired by limitation or 
have been cancelled.] 



1870. 

Feb. 1. Waushakum Pond, in Framingham, to Sturtevant and others, 
20 years. 

April 1. Mendon Pond, in Mendon, to Leonard T. Wilson and an- 
other, 20 years. 

Sept. 12. Baptist Lake, in Newton, to J. F. C. Hyde and others, 20 
years. 

1871. 

April 17. Long Pond, in Falmouth, to Joshua S. Bowerman and three 

others, 20 years. 
May 15. Pratt's Pond, in Upton, to D. W. Batcheller, 20 years. 
Nov. 1. Punkapoag Pond, in Randolph and Canton, to Henry L. Pierce, 

20 years. 

1872. 

Jan. 1. Sandy Pond, Forest Lake, or Flint's Pond, in Lincoln, to 
James L. Chapin and others, 20 years. 

1873. 

July 1. Little Sandy Pond, in Pembroke, to A. C. Brigham and 
others, 16 years. 

1874. 

March 1. Walden and White ponds, in Concord, to inhabitants of 

Concord, 15 years. 
2. Upper Naumkeag Pond, in Ashburnham, to inhabitants of 

Ashburnham, 20 years. 
April 1. Elder's Pond, in Lakeville, to inhabitants of Lakeville, 15 

years. 



52 FISH AND GAME. [Dec. 

1874. 

April 20. North and South Podunk ponds, in Brooktield, to inhabitants 

of Brookfield, 15 years. 
May 1. Maquan Pond, in Hanson, to the inhabitants of Hanson, 15 
years. 
20. Unchechewalom and Massapog ponds, to the inhabitants of 
Lunenburg, 20 years. 
July 1. Hardy's Pond, in Waltham, to H. E. Priest and others, 15 
years. 
1. Hockomocko Pond, in Westborough, to L. N. Fairbanks and 

others, 15 years. 
11. Mitchell's Pond, in Boxford, to R. M. Cross and others, 15 

years. 
11. Hazard's Pond, in Russell, to N. D. Parks and others, 20 
years. 
Oct. 20. Middleton Pond, in Middleton, to inhabitants of Middleton, 
15 years. 

1875. 

Jan. 1. White and Goose ponds, in Chatham, to George W. Davis, 

15 years. 
March 1. Hood's Pond, in Ipswich and Topsfield, to inhabitants of 

Topsfield, 15 years. 
April 1. Chauncy Pond, in Westborough, to inhabitants of West- 
borough, 15 years. 
3. West's Pond, in Bolton, to J. D. Hurlburt and others, 15 

years. 
15. Gates Pond, in Berlin, to E. H. Hartshorn and others, 15 

years 
24. Pleasant Pond, in Wenham, to inhabitants of Wenham, 15 
years. 
May 1. Morse's Pond, in Needhara, to Edmund M. Wood, 15 years. 

1. Chilraark Pond, in Chilmark, to J. Nickerson and others, 
agents, 20 years. 
July 1. Wedge Pond, in Winchester, to inhabitants of Winchester, 15 
years. 
1. Haggett's Pond, in Andover, to inhabitants of Andover, 20 
years. 
Aug. 1. Oyster Pond, in Edgartown, to J. H. Smith and others, 20 
years. 
9. Mystic (Upper) Pond, in Winchester, Medford and Arlington, 
to inhabitants of Winchester and Medford, 15 years. 
Oct. 1. Little Chauncy and Solomon ponds, in Northborough, to 
inhabitants of Northborough, 15 years. 



1888.] PUBLIC DOCUMENT — No. 25. 53 

1876. 

Feb. 1. Great Sandy Bottom Pond, in Pembroke, to inhabitants of 

Pembroke, 15 years. 
March 1. Dennis Pond, in Yarmouth, to inhabitants of Yarmouth, 15 
years. 
1. Crystal Lake, in Wakefield, to Lyman H. Tasker and others, 
15 years. 
20. Lower Naumkeag Pond, in Ashburnham, to inhabitants of 

Ashburnham, 18 years. 
28. Dennison Lake, in Winchendon, to inhabitants of Winchen- 

don, 15 years. 
28. Phillipston Pond, in Phillipston, to inhabitants of Phillipston, 
20 years. 
May 8. South-west Pond, in Athol, to Adin H. Smith and others, 15 

years. 
June 10. Dug Pond, in Natick, to W. P. Bigelow and others, 15 years. 
Oct. 1. Farm and Learned's Pond, in Framingham, to inhabitants of 
Framingham, 15 years. 
1. Whitney's Pond, in Wrentham, to inhabitants of Wrentham, 

15 years. 
1. Little Pond, in Falmouth, to George H. Davis, 15 years. 

1877. 

March 1. Nine-mile Pond, in Wilbraham, to inhabitants of Wilbraham, 
15 years. 
15. Pentucket and Eock ponds, in Georgetown, to inhabitants of 
Georgetown, 15 years. 

Aug. 10. Onota Lake, in Pittsfield, to William H. Murray and others, 
15 years. 

Oct. 1. Fort, Great Spectacle and Little Spectacle ponds, in Lancas- 
ter, to inhabitants of Lancaster, 20 years. 

Nov. 1. Tispaquin Pond, in Midclleborough, to Abishai Miller, 15 
years. 

1878. 

Jan. 1. Sniptuit, Long, Suow, and Mary's ponds, in Rochester, to 

inhabitants of Rochester, 15 years. 
March 16. Asnaconcomic Pond, in Hubbardston, to Amory Jewett, Jr. , 

15 years. 
May 1. Bear Hill Pond and Hall Pond, in Harvard, to inhabitants of 

Harvard, 15 years. 
Oct. 1. Ell Pond, in Melrose, to J. A. Barrett and others, 15 years. 

1879. 

July 1. Silver Lake, in Wilmington, to inhabitants of Wilmington, 10 
years. 



54 



FISH AND GAME. 



[Dec. 



1879. 




July 


1. 


Oct. 


1. 


Nov. 


1. 


1880. 




March 


1. 




15. 


May 


1. 


June 


1. 




1. 


July 


1. 


Sept. 


1. 


Dec. 


24. 


1881. 




Jan. 


1. 


April 


1. 


May 


2. 


1882. 




March 


1. 


April 


1. 


May 


1. 


June 


1. 


1883. 




April 


6. 




23. 


May 


7. 


May 


7. 


July 


1. 



Fresh Pond, in Falmouth, to Thomas H. Lawrence, 20 years. 
Pomp's Pond, in Anclover, to inhabitants of Andover, 15 years. 
Lake Quinapowitt, in Wakefield, to inhabitants of Wakefield, 
14 years. 

Lake Winthrop, in Holliston, to inhabitants of Holliston, 15 
years. 

Massapoag Pond, in Sharon, to inhabitants of Sharon, 10 years. 

Tisbury Great Pond, in Tisbury, to Allen Look and others, 
10 years. 

Indian Pond, in Kingston, to inhabitants of Kingston, 10 
years. 

Jordan Pond, in Shrewsbury, to inhabitants of Shrewsbury, 
15 years. 

Swan and Martin's ponds, in North Reading, to inhabitants 
of North Reading, 15 years. 

Herring Pond, in Eastham, to William H. Nickerson, 10 years. 

Chadwick's Pond, in Bradford and Boxford, to town of Brad- 
ford, 10 years. 

Great and Job's Neck ponds, in Edgartown, to Amoz Smith 

and others, 15 years. 
Long Pond, in Blandford, to Samuel A. Bartholomew and 

another, 15 years. 
Nonesuch Pond, in Weston and Natick, to W. A. Billiard and 

others, 15 years. 

Blair's Pond, in Blandford, to Curtis M. Blair and another, 15 
years. 

Ward Poncl, alias Wightmau Pond, in Ashburnham, to Her- 
bert F. Rockwood and another, 15 years. 

Horn Poncl, in Woburn, to inhabitants of Woburn, 15 years. 

Wickaboag Pond, in West Brookfleld, to inhabitants of West 
Brookfield, 15 years. 

Fresh Pond, in Tisbury, to Allen Look and others, 15 years. 
Keyes Pond, in Westford, to M. H. A. Evans, 15 years. 
Singletary Pond, in Sutton and Millbury, to towns of Sutton 

and Millbury, 15 years. 
The Great Pond, in Ashfield, to town of Ashflelcl, 15 years. 
Lake Buell, in Monterey and New Marlborough, to town of 

New Marlborough, 10 years. 



1888.] PUBLIC DOCUMENT — No. 25. 55 

1884. 

June 1. Bald Pate, Four-mile and Stiles ponds, in Boxford, to inhabi- 
tants of Boxforcl, 10 years. 
July 15. Asneybunskeit Pond, in Paxton, to inhabitants of Paxton, 10 
years. 
15. Center Pond, in Dennis, to inhabitants of Becket, 10 years. 
15. Buckmaster Pond, in Dedham, to Francis Soule and others, 

10 years. 
15. Fresh Pond, in Dennis, to inhabitants of Dennis, 10 years. 

17. Farm Pond, in Cottage City, to John C. Hamblin and others, 

15 years. 

18. Mashpee, Great and Wakeley ponds, in Mashpee, to inhabi- 

tants of Mashpee, 10 years. 
Aug. 30. Sand Pond, in Ayer, to inhabitants of Ayer, 15 years. 
Sept. 5. Great Pond, in North Andover, to inhabitants of North 

Anclover, 15 years. 



56 FISH AND GAME. [Dec. 



[C] 
LEGISLATION. 



[Chap. 292.] 
An Act to amend chapter two hundred and seventy-six of 
the acts of the year eighteen hundred and eighty-six, 
being an act for the better preservation of birds and 

GAME. 

Be it enacted, etc., as follows: 

Section one of chapter two hundred and seventy-six of the 
acts of the year eighteen hundred and eighty-six is hereby 
amended so that it shall read as follows : — Section 1 . Whoever 
takes or kills a pinnated grouse at any time, or a woodcock be- 
tween the first day of December and the first day of September, 
or a ruffed grouse, commonly called partridge, between the first 
day of December and the first day of September, or a quail be- 
tween the first day of January and the fifteeuth day of October, 
or a wood or summer duck, black duck or teal, or any of the so- 
called duck species, between the fifteenth day of April and first 
day of September, shall be punished by a fine of twenty dollars 
for every bird so taken or killed. [Approved May 5, 1888. 



[Chap. 126.] 
An Act for the protection of the shad fisheries in mill 

river and its tributaries in the town of essex. 
Be it enacted, etc., as follows: 

Section 1. No person shall take, catch or cause to be taken 
or caught, by any means whatsoever, in Mill river or any of its 
tributaries in the town of Essex, or the ponds or connecting 
streams out of which said river and tributaries may flow, any of 
the fish called shad, until the first day of July in the year eighteen 
hundred and ninety-two. 

Sect. 2. The owners and proprietors of all dams on said Mill 
river and its tributaries are hereby required to maintain fishways 



1888.] PUBLIC DOCUMENT — No. 25. 57 

over or around said dams, and these fishways shall be subject to 
all the powers given to the commissioners of inland fisheries under 
the laws of the Commonwealth. 

Sect. 3. Any person offending against the provision of sec- 
tion one of this act shall forfeit for each shad taken, caught or 
destroyed, not less than five nor more than ten dollars. 

Sect. 4. All fines and penalties for violation of this act, with 
costs, may be recovered by complaint, or action of tort, in any 
court of competent jurisdiction in the county of Essex. 

Sect. 5. This act shall take effect upon its passage. [Ap- 
proved March 13, 1888. 



[Chap. 198.] 
An Act authorizing the planting of clams in and around 

the shores of essex. 
Be it enacted, etc., as follows: 

Section 1. The selectmen of the town of Essex may by 
writing under their hands grant a license for such a term of years, 
not exceeding five, as they in their discretion may deem necessary 
and the public good requires, to any inhabitant of said town, to 
plant, cultivate and dig clams upon and in any flats and creeks 
in said town now unproductive thereof, not exceeding two acres 
to any one person, and not impairing the private rights of any 
person. 

Sect. 2. Such license shall describe by metes and bounds the 
flats and creeks so appropriated and shall be recorded by the town 
clerk before it shall have any force, and the person licensed shall 
pay to the selectmen for the use of said town two dollars and to 
the clerk fifty cents. 

Sect. 3. The person so licensed and his heirs and assigns shall 
for the purposes aforesaid have the exclusive use of the flats and 
creeks described in the license during the term specified therein, 
and may in an action of tort recover treble damages of any person, 
who, without his or their consent digs or takes clams from such 
flats or creeks during the continuance of the license. 

Sect. 4. Said town of Essex at any legal meeting called for 
the purpose may make such by-laws, not repugnant to the laws of 
the Commonwealth, as they may from time to time deem expedient 
to protect and preserve the shell fisheries within said town. 

Sect. 5. Whoever takes any shell-fish from within the waters 
of said town of Essex in violation of the by-laws established by it 
or of the provisions of this act shall for every offence pay a fine of 



58 FISH AND GAME. [Dec. 

not less than five nor more than ten dollars and costs of prose- 
cution, and one dollar for every bushel of shell-fish so taken. 

Sect. 6. This act shall take effect upon its passage. [Ap- 
proved April 9, 1888. 

[Chap. 202.] 

An Act authorizing the planting of clams in and around 

the shores of wlnthrop. 
Be it enacted, etc., as follows: 

Section 1. The selectmen of the town of Winthrop may by 
writing under their hands grant a license for such a term of years, 
not exceeding five, as they in their discretion may deem necessary 
and the public good requires, to any inhabitant of said town to 
plant, cultivate and dig clams upon and in any flats and creeks in 
said town now unproductive thereof, not exceeding two acres to 
any one person, and not impairing the private rights of any person, 
and in no case within five hundred feet of high "water mark. 

Sect. 2. Such license shall describe by metes and bounds the 
flats and creeks so appropriated and shall be recorded by the town 
clerk before it shall have any force, and the person licensed shall 
pay to the selectmen for the use of said town two dollars and to 
the clerk fifty cents. 

Sect. 3. The person so licensed and his heirs and assigns shall 
for the purposes aforesaid have the exclusive use of the flats and 
creeks described in the license during the time specified therein, 
and may in an action of tort recover treble damages of any person, 
who, without his or their consent digs or takes clams from such 
flats or creeks during the continuance of the license. 

Sect. 4. Whoever digs or takes any clams from any flats or 
creeks described in any license granted as aforesaid during the 
continuance thereof without the consent of the person so licensed 
shall for every offence pay a fine of not less than five nor more 
than ten dollars and costs of prosecution, and one dollar for every 
bushel of clams so taken. 

Sect. 5. This act shall take effect upon its passage. [Ap- 
proved April 9, 1888. 

[Chap. 223.] 
An Act relating to the taking of scallops in the head 

waters of buzzard's bay. 
Be it enacted, etc., as follows: 

Section 1. The selectmen of the towns of Wareham and 
Bourne, respectively, may grant permits in writing to take scallops 
from the waters within the limits of their respective towns in such 



1888.] PUBLIC DOCUMENT — No. 25. 59 

quantities, at such time or times, within one year, by such methods 
and under such regulations as may be expressed in their permit, 
and they may charge and receive therefore, in behalf of and for 
the use of their said towns, respectively, such sums as they may 
deem proper. But every inhabitant of either of said towns may 
without such permit take scallops from the waters of the town in 
which he is an inhabitant, for the use of his family, from the first 
day of October to the first day of April, not exceeding in any 
week three bushels including the shells ; and any inhabitant of the 
Commonwealth may take from the waters of said town scallops, 
for the use of his family, from the first day of October to the 
first day of April, not exceeding in any week three bushels includ- 
ing the shells, having first obtained a permit so to do from the 
selectmen of the town in which said scallops are to be taken. 

Sect. 2. No person shall take any scallops from the waters 
within either of said towns without a written permit from the 
selectmen thereof, except as provided in the preceding section. 
Whosoever violates the provisions of this act shall be punished by 
a fine of not less than twenty or more than one hundred dollars, 
or imprisoned in the house of correction not less than thirty days 
nor more than six months, or by both such fine and imprison- 
ment. One-half of the fine shall be paid to the complainant and 
the other half to the county within which the offence was com- 
mitted. 

Sect. 3. Nothing in this act shall be construed to effect any 
acts relating to the oyster fishery, or to impair the private rights 
of any person, or in any way to limit or effect the provisions of 
law for the protection of fisheries other than the scallop fishery, 
or to permit the taking of scallops upon any oyster grounds or 
beds other than public grounds or beds. 

Sect. 4. District courts and trial justices shall have concurrent 
jurisdiction with the superior court of all offences under this act. 

Sect. 5. Section three of chapter two hundred and twenty of 
the acts of the year eighteen hundred and eighty-five, and all acts 
and parts of acts inconsistent herewith are hereby repealed. 
[Approved April 12, 1888. 



[Chap. 276.] 
An Act to limit the time within which trout, land-locked 

salmon and lake trout may be taken in berkshire county. 
Be it enacted, etc., as follows : 

Section 1. Chapter one hundred and seventy-one of the acts 
of the year eighteen hundred and eighty-four is hereby amended 



60 FISH AND GAME. [Dec. 

by adding at the end of the first section the words : — except in 
the county of Berkshire, when such time shall be between the first 
day of August and the first day of May, — so that the section as 
amended shall read as follows: — Section 1. The time within 
which any person is forbidden to take, sell, offer or expose for 
sale or to have in his possession a trout, land-locked salmon, 
or lake trout, by sections fifty-one and fifty-three of chapter 
ninety-one of the Public Statutes, shall be between the first day 
of September and the first day of April, except in the county 
of Berkshire, when such time shall be between the first day of 
August and the first day of May. 

Sect. 2. This act shall take effect upon the first day of 
August next. [Approved April 30, 1888. 



[Chap. 331.] 
An Act authorizing towns to regulate the catching of 

pickerel. 
Be it enacted, etc., as follows : 

Section 1. Whoever takes or catches any pickerel in any 
river, stream or pond in any other manner than by artificially or 
naturally baited hook and hand line shall forfeit one dollar for 
every pickerel so taken ; but this act shall not extend to any 
town unless adopted thereby. 

Sect. 2. All prosecutions under this act shall be instituted 
within sixty days from the time of committing the offence. 

Sect. 3. All acts or parts of acts inconsistent with this 
chapter are hereby repealed. [Approved May 10, 1888. 



1888.] 



PUBLIC DOCUMENT — No. 25. 



61 



[D.j 

LOBSTER TRAPS AND ESTIMATED 
DURING 1888. 



CATCH 









Estimated Catch 


Town or Place. 


PEOPRIETOR. 


No. of Traps. 


of Lobsters. 


Rockport, . 


Benj. Hodgkins, . 


60 


5,000 


" ... 


Wm. Stillman, . 


50 


5,000 


" ... 


Charles Wendall, 


45 


4,000 


a 


Wm. Winn, . . ■ . 


100 


7,000 


" ... 


Samuel Perkins, . 


100 


7,000 


a 


Mike McGowen, . 


100 


7,000 


it 


Mike Knowlton, . 


40 


4,000 


" ... 


Wm. Knights, 
William Day, . • . 


50 


5,000 


" ... 


45 


4,000 


Milk Island, 


I. B. Parsons, 


80 


6,000 


Rockport, . 


Ferdinand Norwood, . 


35 


4,000 


" ... 


John Tarr, . 


100 


7,000 


" ... 


Harvey Poole, 


50 


5,000 


Pigeon Cove, 


Christopher Morgan, . 


100 


7,000 


a a 


Edward Lewis, . 


75 


6,000 


" " . . 


Amos Lufkin, 


50 


5,000 


It a 


Jabez Kendall, . 


50 


5,000 


U (« 


Fred Johnson, 


50 


5,000 


" " . . 


Edward Lewis, Jr., 


75 


6,000 


Polly Cove, 


A. G. Woodbury, 


50 


5,000 


tt (i 


G. H. Woodbury, 


50 


5,000 


a a 


Abner Bates, 


50 


5,000 


a a 


Oliver Griffin, 


50 


5,000 


Ipswich, 


Rust & Grant, 


40 


1,500 


a 


Atkinson Bros., . 


18 


700 


Annisquam, 


William Rowe, . 


25 


2,000 


Bay View, . 


John Butler, 


50 


4,000 


a 


Cyrus Lane, 


50 


4,000 


" . . - 


Allan Robinson, . 


85 


6,000 


it 


William Sargent, 


100 


7,000 


" ... 


Alex. Sargent, 


100 


7,000 


Lanesville, 


Elbridge Sargent, 


30 


3,500 


" . 


John Roberts, 


60 


5,000 


(c 


Ezra Harding, 


90 


6,000 


u 


Elias Harding, 


50 


4,000 


t( 


A. W. Riley, 


90 


6,000 


a 


W. H. Sargent, . 


50 


4,000 


it 


Simeon Saunders, 


20 


2,000 


a 


William Saunders, 


40 


4,000 




J. J. Woodbury, . 


90 


6,000 



62 FISH AND GAME. [Dec. 

Lobster Traps and Estimated Catch during 1888 — Continued. 









Estimated Catch 


Town or Place. 


PROPRIETOR. 


No. of Traps. 


of Lobsters. 


Lanesville, . 


James Duley, 


30 


3,500 


" 




Geo. Sargent, 


50 


4,000 


East Gloucester, 




Joseph Douglass, 


50 


5,000 


tt tt 




Prindel Parsons, . 


50 


5,000 


tt tt 




Robert Douglass, 


50 


5,000 


it tt 




Edward Parsons, . 


60 


5,000 


it tt 




Nelson Rowe, 


50 


5,000 


tt tt 




Edward Witham, 


30 


3,000 


" " 




Joseph Parsons, . 


50 


5,000 


" " 


. 


Erwin Parsons, . 


50 


5,000 


West Gloucester 


, 


Daniel Webber, . 


20 


2,000 


tt tt 




Joseph Burgess, . 


20 


2,000 


tt tt 




Elbridge Russ, . 


75 


6,000 


tt tt 




Chas. Merchant, . 


20 


2,000 


tt tt 




John Parsons, 


20 


2,000 


it tt 




Chas. Parsons, 


20 


2,000 


u it 




D. S. Parsons, 


30 


3,000 


tt tt 




Alden Parsons, . 


75 


6,000 


it tt 


, 


Fred Parsons, 


40 


3,500 


Magnolia, . 


, 


William Douglass, 


50 


4,000 


tt 




. 


Frank Story, 


40 


3,500 


" 






Henry Stoiy, 


40 


3,500 


" 






John Burnham, . 


50 


4,500 


« 






John Lycett, 


40 


3,000 


" 






J. B. Knowlton, . 


30 


3,000 


« 




. 


Augustus Story, . 
L. 0. Sargent, 


50 


4,500 


Manchester 






50 


5,000 


tt 




, 


Chas. Sargent, 


50 


5,000 


« 




, 


Chandler Lewis, . 


50 


6,000 


« 






Warren Heath, . 


40 


5,000 


tt 






J. G. Heath, 


40 


4,000 


Beverly, 






Geo. Fairfield, 


50 


4,500 


» 






W. G. Shaw, 


50 


4,000 


» 






Geo. Saley, . 


50 


5,000 


tt 






J. H. Barter, 


50 


6,000 


" 






Chas. Foster, 


50 


4,000 


" 




. 


C. H. Very, . 


100 


6,500 


Salem, 






John Clark, . 


50 


4,000 


" 






Chas. Berry, 


40 


5,000 


" 




. 


James Lungren, . 


40 


6,000 


" 




. 


W. P. Foye, . 


60 


5,000 


tt 






T. J. Sargent, 


•50 


3,500 


" 






N. P. Berry, 


50 


4,500 


tt 




. 


T. F. Hogan, 


60 


5,000 


Marblehead, 


, 


J. H. Atkins, 


100 


7,000 


« 




B. F. Stevens, . 


90 


6,000 


tt 


. 


Edward Curtis, . 


55 


4,000 


tt 




John Smithers, . 


30 


3,000 


tt 




John Florence, . 


40 


3,500 


tt 


, 


William Dennis, . 


40 


3,000 


tt 




John Adams, 


40 


4,000 


" 




John Stacey, 


40 


4,000 


tt 


• 


J. S. Stone, . 


40 


4,000 



1888.] PUBLIC DOCUMENT — No. 25. 63 

Lobster Traps and Estimated Catch during 1888 — Continued. 









Estimated Catch 


Town ok Place. 


PROPRIETOR. 


No. of Traps. 


of Lobsters. 


Swampscott, 


T. E. Stone, 


100 


6,000 


" 


. 


C. E. Howes, 


35 


4,000 


IC 




Lorenzi Woodbury, 


50 


4,000 


" 




Noah Kimball, 


50 


3,000 


t< 


. 


Wm, Segar, 


35 


3,000 


u 




Wm. Newcomb, . 


50 


7,000 


" 




Wm. H. Thomas, 


40 


4,000 


it 




B. B. Thomas, . 


30 


2,000 


" 


. 


Zachariah Phillips, 


40 


3,000 


11 


, 


F. H. Horten, 


50 


6,000 


u 


, 


G. A. Horten, 


50 


6,000 


" 




C. 0. Stone, . 


30 


3,000 


" 




C. S. Stone, . 


30 


3,000 


" 




Nathaniel Pierce, 


30 


4,000 


11 




Henry Harding, . 
Albert Atwood, . 


30 


3,000 


" 


. 


25 


2,500 


Nahant, 




C. E. Gove, . 


80 


6,000 


" 




. 


G. W. Taylor, . 


50 


5,000 


" 




. 


Chas. Taylor, 


35 


3,000 


" 






J. B. Johnson, 


70 


5,000 


Winthrop, 






H. L. Wells, 


100 


7,000 








, 


John Wadsworth, 


80 


6,000 










G.W.Wyman, . 


100 


7,000 










J. W. Wyman, . 


90 


6,000 










W. E. Wyman, . 


90 


6,000 








. 


H. G. Wyman, . 


70 


5,000 










Augustus Wyman, 


70 


5,000 










Burns, 


70 


5,000 










Monroe Trowodgy, 


100 


7,000 










Vial Trowodgy, . 


100 


7,000 










Willey Belcher, . 


100 


7,000 










Alva Belcher, 


70 


5,000 








, 


John Flannigan, . 


60 


4,000 










G. L. Lamson, 


60 


3,000 








. 


S. B. Belcher, . 


60 


3,500 










John Belcher, 


60 


4,000 










John Stevenson, . 


60 


4,000 










Antoine , 


100 


7,000 










Henry Baker, 


50 


3,000 


Long Island, 


. 


Joe Safine, . 


150 


7,000 




i 




Tony Francis, 


160 


7,000 




' 




Tony Shute, 


160 


7,000 




' 


. 


Muche Safron, . 


100 


6,000 




i 




Jophin Phiraro, . 


175 


8,000 




t 




Tony Phiraro, 


140 


7,000 




t 




Andrie Phiraro, . 


65 


4,000 




i 




John Loche, 


200 


8,000 




' 




Tony Silva, 


75 


4,000 




' 


. 


P. Lirelia, . 


175 


8,000 




' 




Joseph Rodgers, . 


100 


6,000 


" " 


, 


Frank Lewis, 


100 


6,000 


Green Island, 




Pickering, . 


50 


4,000 


Brewster Island, 


Wm. Barber, 


50 


4,000 



64 FISH AND GAME. [Dec. 

Lobster Traps and Estimated Catch during 1888 — Continued. 









Estimated Catch 


Town or Place. 


PROPRIETOR. 


No. of Traps. 


of Lobsters. 


Brewster Island, 


James Turner, . 


50 


4,000 


Peddick's Island, 


Alfonzo Cleverly, 


75 


5,000 


« 


Amber Cleverly, . 


75 


5,000 


Hull, . 






William Dean, . 


100 


6,000 


» 






, 


Francis James, . 


80 


5,500 


(t 








Rinea James, 
Wm. James, 
John Read, . 
Daniel Read, 
Eugene Mitchel, . 


80 
100 

75 
60 
80 


5,500 
6,000 
5,000 
5,000 
5,500 


(C 

It 

It 






, 


Daniel Souther, . 
S. H. Litchfield, . 
G. H. Souther, . 
Daniel McDonough, . 
John Smith, 
Frederic Smith, . 
Alonzo Mitchel, . 
J. L. Mitchel, 
Webster Mitchel, 


80 

75 
75 
80 
80 
80 
75 
75 
75 


5,500 
5,000 
5,000 
5,500 
5,500 
5,500 
5,000 
5,000 
5,000 


ct 








W. B. Mitchel, . 


75 


5,000 


(C 






• 


J. C. Augustus, . 
Geo. Augustus, . 
Eben Pope, 


80 
80 

75 


5,500 
5,500 
5,000 


(( 






• 


Andrew Pope, 
B. F. Pope, . 
Geo. Pope, . 
Andrew Galiano, 
Lewis Galiano, . 
Alfred Galiano, . 


80 
75 
75 
75 
75 
75 


5,500 
5,000 
5,000 
5,000 
5,000 
5,000 


Nantasket, 






Benj. Atwood, 


100 


4,000 


tt 






John Johnson, 


100 


4,000 


" 






H. L. Leavett, 


40 


2,000 


« 






Henry Hatch, 


25 


1,500 


CC 






Chas. Bates, 


60 


3,000 


ec 




. 


Carl Place, . 


20 


1,500 


" 






Chas. Wiltier, . 


40 


2,000 


ec 






Henry Bates, 


30 


1,000 


Cohasset, 






Robert Ainslie, . 


50 


3,000 


a 






Manuel Vandura, 


40 


3,000 


(t 






John Grassie, 


40 


3,500 


" 






Joseph Vandura, 


40 


3,500 


" 






John Ansley, 


40 


3,000 


n 




, 


Antoine Sydney, . 


50 


3,000 


« 






Southward Pratt, 


50 


3,500 


" 






Jerry McCarty, . 


50 


3,000 


tt 






Barney Rooney, . 


50 


3,500 


» 




, 


Manuel Cadose, . 


50 


3,500 


« 






A. H. Pouty, 


30 


2,000 


Scituate, 




, 


L. S. Bonney, 


100 


6,000 


" 






Geo. Edson, 


80 


5,500 


" 




, 


Robert O'Herne, . 


70 


5,000 


tt 






Thomas Dwyer, . 


70 


5,000 


tt 




• 


William Dufty, . 


40 


3,000 



*888,] PUBLIC DOCUMENT— N r o. 25. 65 

Lobster Traps and Estimated Catch during 1888 — Continued. 









Estimated Catch 


Town or Place. 


PROPKIETOE. 


No. of Traps. 


of Lobsters. 


Scituate, 


Patrick Mulherne, 


80 


5,500 


i. 






John Welsh, 


60 


4,000 


" 






John Faloon, 


100 


6,000 


" 






John Barry, 


40 


3,000 


" 






Edward Graham, 


70 


5,000 


u 






John Conroy, 


40 


3,000 


" 






Dennis McCarty, 


30 


3,000 


" 






Daniel Duffy, 


60 


4,000 


" 






Wm. Ward, 


90 


5,500 


" 






Daniel Ward, 


90 


5,500 


» u 






Maurice O'Herne, 


65 


5,000 


u 






Jerry Dwyer, 


70 


5,000 


Marsh field, 






Chas. Tolman, 


60 


4,000 


u 






Wm. Tolman, 


60 


4,000 


" 






Lyman Sayers, . 
Thomas Pezzy, . 


120 


6,000 


" 






100 


5,500 


" 






Decenti Gay, 


150 


7,000 


" 






Fred Keene, 


60 


4,000 


it 






George Samson, . 


60 


4,000 


" 






Chas. Peterson, . 


50 


3,500 


" 






Henry Taylor, 


50 


3,500 


" 






Henry Phillips, . 


100 


5,000 


44 






Isaac Walker, 


100 


5,000 


U 






-Gate, . 


50 


3,500 


Plymouth, 






Benj. Manter, 


50 


7,000 


" 






Joseph Thurston, 


50 


7,000 


" 






Winslow Ranson, 


50 


7,000 


" 






Daniel Burgess, . 


50 


7,000 


" 






Daniel Burgess, 2d, . 


50 


7,000 


c; 






Frank Wadsworth, 


50 


7,000 


" 






Chas. Peterson, . 


60 


8,000 


" 






Ellis Peterson, 


40 


6,000 


" 






Lemuel Marsh, . 


50 


7,000 


" 






Oscar Marsh, 


50 


7,000 


" 






Marsh, 


50 


7,000 


" 






B. F. Hodgiss, . 


45 


6,000 


" 






Frank Rogers, 


50 


7,000 


" 




. 


Augustus Rogers, 


160 


8,000 


« * 






Levi Thurston, . 


50 


7,000 


" 






David Pierce, 


40 


6,000 


" 






Chas. Pierce, 


65 


8,000 


" 






Geo. Atwell, 


55 


8,000 


t( 






W. H. Finney, 


50 


7,000 


It 






H. L. Sampson, . 


40 


6,000 


tt 






Albert Raymond, 


50 


7,000 


" 






Adelbert Finney, 


50 


7,000 


" 






Geo. Manter, 


50 


7,000 


" 






Geo. Kennison, 




50 


7,000 


" 






Frank Peterson, 




50 


7,000 


u 






Geo. Griswold, 
J. B. Bartlett, 
Edwin Bartlett, 




75 

50 
50 


9,000 
7,000 
7,000 








Geo. Holms, 




50 


7,000 



M FISH AND GAME. [Dec. 

Lobster Traps and Estimated Catch during 1888 — Continued. 









Estimated Catch 


Town or Place. 


PROPRIETOR. 


No. of Traps. 


of Lobsters. 


Plymouth, . 


Cornelius Briggs, 


60 


8,000 


u 




. 


Laban Briggs, 


50 


7,000 


" 






J. B. Briggs, 


50 


7,000 


" 






Ezra Pierce, 


60 


8,000 


It 






Silas Valor, 


50 


7,000 


u . 




, # 


Solomon Valor, . 


50 


7,000 


" 






Hosea Bartlett, . 


40 


6,000 


" 






Edward Rawson, 


50 


7,000 


u 






Isaac Valor, 


75 


9,000 


" 






Geo. Freeman, . 


50 


7,000 


Orleans, 






Willis Snow, 


50 


3,000 


Truro, 




, , 


J.H.Rich, . 


50 


3,000 


No. Truro, 




, 


Chas. Collins, 


50 


3,000 


Provinceto wn, 




W. G. Loring, 


60 


4,000 


" 




Henry Atwood, . 


50 


3,500 


(c 




David Newcomb, 


50 


3,000 


u 




Alfred Mayo, 


50 


3,000 


it 


, 


William Cowing, 


50 


3,000 


u 


, 


George Lewis, 


50 


3,000 


a 




A. D. Snow, 


50 


3,000 


Chatham, . 




Otis Eldredge, . 


100 


4,000 








Elias Gould, 


50 


2,500 








Nelson Bloomer, 


80 


3,000 








Francisco Bloomer, 


100 


4.000 






, 


Seymour Patterson, 


80 


3,000 








Harrison Gould, . 


40 


2,000 








Elmer Mayo. 


100 


4,000 








Edmund Ryder, . 


110 


4,000 






, 


Joseph Bloomer, 


100 


4,000 








Joseph Mayo, 


80 


3,000 








Seth Mallows, 


50 


2,500 








Geo. Bloomer, 


125 


4,500 






, 


Everett Robbins, . 


90 


4,000 








Virenus Hamilton, 


90 


3,500 








Reuben Bearse, . 


90 


4,000 






, 


W. R, Bloomer, . 


80 


3,000 








W. A. Bloomer, . 


115 


4,500 








Stephen Gould, . 


50 


2,500 








Jeremiah Eldredge, . 


50 


2,500 








Francis Hitchings, 


75 


3,000 








Wilbur Patterson, 


45 


2,000 








Thomas Holway, 


75 


3,000 








James Smith, 


75 


3,000 








Geo. Eldredge, . 


60 


3,000 








Oscar Gould, 


40 


2,000 


Chatham port, . 




F. J. Nickerson, . 


200 


6,000 


Woods Holl, . 


, 


C. J. Grinnell, . 


30 


3,000 


" " 




0. C. Grinnell, . 


30 


3,000 


Mattapoisett, 




Lilliburn Hiller, . 


100 


3,000 


" 


, 


E. B. Hiller, 


100 


5,000 


" 




W. L. Richmond, 


50 


4,000 


Fairhaven, 




Albert Swain, 


50 


4,000 




• 


C. C. Sherman, . 


50 


4,000 



1888.] PUBLIC DOCUMENT — No. 25. 67 

Lobster Traps and Estimated Catch during 1888 — Continued. 









Estimated Catch 


Town or Place. 


PROPRIETOR. 


No. of Traps. 


of Lobsters. 


New Bedford, . 


Lamingo Antonio, 


30 


3,000 


" " 


Geo. Taber, 


30 


3,000 


" ... 


Joseph Sylbera, . 


30 


3,000 


Dartmouth, 


Benj. Queripel, . 


100 


6,000 


Westport, . 


E. B. Gifford, 


60 


4,000 


"... 


G A. Gifford, 


60 


3,500 


"... 


G. E. Gifford, 


50 


3,000 


it 


T. J. Brightman, 


70 


4,000 


Gosnold, 


I. H. Tilton, 


30 


4,000 


u 


A. P. Tilton, 


30 


4,000 


" ... 


Ahira Lewis, 


30 


4,000 


it 


0. H. Stetson, 


30 


4,000 


" ... 


Russel Rotch, 


30 


4,000 


u 


Everett Wardell, . 


30 


4,000 


" ... 


C. F. Stranger, . 


30 


4,000 


" ... 


Eugene Brightman, . 
J. J. Veeder, 


30 


4,000 


It 


30 


4,000 


" ... 


Timothy Aiken, . 


30 


4,000 


" ... 


Timothy Aiken, Jr., . 


30 


4,000 


" ... 


Cuttyhunk Club, . 


60 


5,000 


Tisbury, 


Charles Merry, . 


30 


3,500 


" ... 


James Tilton, 


30 


3,000 


Nantucket, . 


Erastus Chapel, . 


30 


3,000 


" ... 


Arthur Barrett, . 


30 


3,000 


" ... 


Andrew Broods, . 


30 


3,500 


" . . . 


Chas. Brooks, 


30 


3,000 


" ... 


Thomas Lewis, . 


30 


3,500 


(t 


J. P. Gardner, 


30 


3,500 


" ... 


William Norcross, 


30 


3,500 


" ... 


Valentine Small, 


30 


3,500 


u 


George Fisher, . 


30 


3,500 


No Man's Land, . 


Hiram Luce, 


40 


2,000 


" " . . 


Zadoc Cottle, 


60 


2.500 


" " . . 


Elsworth Tilton, . 


30 


1,300 


" " . 


Frank Cottle, 


60 


2,500 


it u 


Welcome Tilton, . 


50 


1,500 


it it 


George Butler, . 


40 


1,800 


" " . . 


Axel Kruse, 


40 


1,500 


Gay Head, . 


C. H. Ryan, . 


30 


4,000 


" ... 


Peter Johnson, . 


30 


4,000 


" ... 


J. H. Foster, 


30 


4,000 


" ... 


Hiram Poole, 


20 


1,000 


" ... 


Onslow Stuart, . 


30 


1,400 


" ... 


Rodney Reed, 


40 


1,600 


u 


Albert Reed, 


30 


1,200 


it 


Cyrus C. Look, . 


30 


1,100 


" ... 


Lindley W. Mayhew, . 


40 


1,500 


u 
* ... 


Jas. A. Mayhew,. 


30 


1,000 


u 


Anderson Poole, . 


20 


3,000 


it 


Lyman E. Cottle, 


30 


1,500 


it 


Wynn Vincent, . 


40 


1,800 


" ... 


Freeman Smith, . 


30 


900 


(( 


William Mayhew, 


30 


450 



68 



FISH AND GAME. 



[Dec'88. 



Lobster Traps and Estimated Catch during 1888 — Concluded. 











Town or Place. 


PROPRIETOR. 


No. of Traps. 


of Lobsters. 


Gay Head, . 


Hilliard Mayhew, 


30 


456 


Menemsha Creek, 


Clarence Cleaveland, . 


30 


1,200 


" " 


Luther Atheorn, . 


30 


1,000 


u u 


Jos. Tilton, . 


25 


450 


« u 


Franklin Tilton, . 


25 


200 


" " 


W. B. Luce, 


20 


200 


" 


Edward Mayhew, 


12 


200 


« a 


F. A. Look, . 


15 


450 


" " 


Jas. Look, . 


15 


450 


Total, . 


367 men 


21,418 


1,740,850 



At the average price of nine cents each, the value of estimated 
catch was $156,676.50. 

Respectfully submitted, 

Wm. H. Proctor, District Police. 



[E.] 

TABLES SHOWING RETURNS OF WEIRS. 
GILL -NETS AND SEINES. 



70 



FISH AND GAME. 



[Dec. 



Table I. — Pounds and Weirs. — Showing 



Town. 


PROPRIETOR. 






> 


a 
"E 






c 


T3 


% 


W 






"3 


a 


« 








GQ 


w. 


< 


m 


Gloucester, . 


John G. & E. W. Heath, . 


2 


100 


1,450 


167,050 


Manchester, . 


Alphonse Tarr 


16 


529 


_ 


873,078 


Salem, . 


Thomas & "William Neville (gill-net 












fishery included) 


- 


- 


- 


98,900 


Dennis, . 


Zenas H. Baker 


- 


50 


7,134 


4 


"... 


Anthony T. Chase 


- 


_ 


8,000 


6,400 


"... 


William Crowell, 


- 


- 


- 


- 


East Dennis, . 


Sears & Brother, 


2 


3 


29,700 


403 


<< 


James F. Burgess (pound?), 


1 


- 


- 


- 


Dennisport, . 


Thatcher, Kelley & Sears, . 


- 


32 


47,158 


- 


Brewster, 


James Eldridge, 


- 


- 


- 


- 


" 


Freeman, Atwood & Co., 


1 


242 


_ 


_ 


East Brewster, 


Neils Nelson (pound?), 


1 


154 


- 


10,000 


Wei Meet, 


W. F. Pierce 


- 


20 


1,583 


25,622 


Truro, . 


Atkins, Hughes and others, . 


- 


575 


75,400 


2,064,265 


"... 


P. L. Paine 


10 


187 


3,900 


148,710 


"... 


R. A. Ryder 


- 


- 


- 


95,000 


"... 


R.A.Rich, 


8 


39 


- 


- 


"... 


S. B. Atwood, 


- 


440 


4,565 


291,133 


"... 


S. F. Hardy, 


- 


5 


- 


81,775 


"... 


S. B. Rich, 


- 


— 


- 


667,000 


Provincetown, 


S. T. & L. Nickerson, .... 


- 


- 


- 


494,000 


« 


Isaac B. Lewis, 


- 


- 


200 


59,490 


«< 


Crowell Brothers, 


- 


— 


- 


399 


«« 


T. K. Paine, Agent, .... 


- 


- 


- 


468,839 


<< 


Henry J. Lewis, 


- 


470 


- 


13,075 


** 


E. T. Starr 


- 


- 


- 


- 


" 


Solomon Bangs, 


4 


8 


2,119 


198,917 


Eastham, 


Peter Higgins 


- 


16 


- 


19,321 


" 


W. T. Horton, 


- 


- 


- 


11,800 


*< 


I. H. Horton & Co 


_ 


- 


50 


600 


Chatham, 


S. W. G-ould & Co., .... 


- 


1,360 


62,087 


119,570 


«« 


Reed, Loveland & Co 


- 


18,636 


122,342 


64,200 


(< 


Andrew Harding & Co. (including 












seine), 


- 


472 


7,903 


26,150 


" 


Alpheus Mayo, 


- 


68 


11,470 


- 


<< 


Benj. Mallows, 


9 


4,586 


- 


312,375 


<t 


S. F. Bearse & Co., . 


— 


560 


13,178 


- 


" 


S.S.Ellis 


3 


2,270 


27,650 


263,850 


South Harwich, 


Cyrus Nickerson, 


- 


266 


2,674 


39,671 


Harwichport, 


T. B. Baker & Co., . 


- 


3,025 


- 


- 


Falmouth, 


John Rogers (2 pounds), 


- 


87 


162,258 


- 


" 


P. M. Stuart, 


- 


69 


10,720 


- 


" 


Peter Wainwright, .... 


- 


- 


225 


- 


" 


Isaiah Spindle & Co., .... 


- 


38 


15,037 


247 


Mattapoisett, . 


Joseph J. Nye, 


- 


- 


4,693 


- 


" 


Jerome B. Dunn, 


- 


4 


15,758 


- 


" 


Lilburne Hiller, 


- 


- 


1,937 


2,670 


<< 


W. A. G-amrnons, 


1 


4 


20,279 


- 


'< 


A. B. Bowman 


- 


- 


3,274 


- 


Fairhaven, 


C. H. Pease & Co. (2 pounds), . 


- 


14,040 


59,893 


- 


" 


Ebenezer Mott, 


- 


2 


7,709 


- 


" 


F. W. Pease & Co., . . . . 


- 


148 


21,727 


- 


" 


George L. Hiller (3 pounds), 


- 


7 


23,906 


- 


<( 


S. T. Dunn & Son (2 pounds), . 


- 


3 


27,483 


- 


(< 


D. C. Potter, 


- 


- 


7,878 


- 


" . . 


George R. Wixon (2 pounds), . 


- 


1 


- 


- 


" 


Daniel W. Deane 


- 


3 


2,259 


4,419 


Gosnold, 


T. Atkins, Jr. (2 pounds), . 


- 


- 


4,950 


- 


<( 


Alonzo B. Veeder & Co., 


- 


- 


- 


- 


<< \ 


Frederick A. Veeder & Co., 


_ 


35 


6,710 


- 


u 


Charles C. Church 


19 


43 


10,680 


- 


it 


John P. Holmes, 


- 


- 


2,630 


- 



1888.] 



PUBLIC DOCUMENT — No. 25. 



71 



the Catch of each during the Year 18 88. 





a 

V 


go 

c3 

w 

•a 




S) 

3 

bo 

c3 


% 




00 


tc 


o'-C 




CO 


.4 

a 
3 




O 

m 


m 


M 
o 

CS 


•2 c3 


3 
3 


o 

H 


1 S 

SI 


TO 


53 


26,262 


5 




60 


38,345 


8 


17 


41 


383 




9,757 


- 


7 


1,767 


2 


121,464 


35 


76 


1,247 


929 


6 


67,871 


_ 


_ 


_ 


_ 


19,486 


_ 


_ 


. 35 


_ 


_ 


16,800 


57 


1 


- 


- 


2,356 


- 


239 


14 


1,216 


52 


1,615 


- 


- 


- 


- 


104,567 


- 


- 


230 


- 


- 


- 


- 


- 


- 


- 


60,000 


- 


- 


750 


750 


- 


- 


- 


- 


- 


- 


73,855 


- 


32 


- 


92 


- 


- 


2 


- 


- 


2 


9,729 




197 


2 


350 


- 


104 


24 


8 


7 


17 


4 




42 


3 


3,330 


= 


402 


- 


- 


- 


- 


1,429 




71 


- 


- 


- 


- 


- 


7 


- 


- 


6,087 




681 


86 


72 


192 


- 


21,501 


- 


- 


- 


3,777 




472 


180 


- 


- 


900 


11,650 


- 


- 


- 


453 


- 


9,940 


98 


1,000 


- 


- 


510,000 


- 


32 


40 


713,227 


- 


572 


3,005 


25,097 


54 


10,017 


59,379 


- 


25 


- 


218,615 


- 


156 


400 


30,146 


- 


9,594 


3 


- 


4 


- 


271,229 


- 


42 


210 


15,288 


- 


20,312 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


42,537 


- 


- 


11 


- 


324,774 


1 


201 


279 


39,512 


3 


1,001,851 


12,450 


- 


- 


2 


187,595 


- 


- 


3 


7,200 


_ 


15,545 


173,000 


- 


- 


- 


40,830 


- 


- 


- 


- 


- 


518,400 


- 


- 


- 


- 


27,855 


6 


- 


- 


- 


- 


32 


1,200 


- 


- 


- 


1,941 


- 


9 


2 


26,375 


25 


4,030 


122 


- 


— 


- 


128,045 


- 


_ 


- 


485 


- 


7,200 


22,320 


- 


- 


- 


60,756 


- 


_ 


- 


2,650 


- 


5,123 


- 


2 


- 


- 


27,136 


- 


- 


- 


10,529 


- 


1 


- 


- 


- 


- 


11,679 


- 


1 


175 


1,165 


- 


766 


56,530 


- 


1 


- 


33,241 


- 


64 


84 


4,017 


2 


4,018 


2,064 


- 


- 


- 


3,261 


- 


506 


60 


50 


- 


133 


16,500 


- 


- 


- 


4,800 


_ 


3,200 


150 


_ 


_ 


_ 


3,000 


- 


— 


— 


1,500 


- 


2,300 


_ 


- 


_ 


_ 


1,718 


2 


894 


8 


13,585 


- 


64 


147 


2,818 


3 


22,366 


2,450 


21 


- 


43 


73,072 


- 


108 


153 


3,532 


- 


65,549 


524 


_ 


1,085 


2 


7,982 


_ 


5 


20 


226 


_ 


569 


35 


22 


251 


20 


70,431 


- 


2,355 


16 


2,711 


151 


18,534 


- 


- 


- 


1 


79,406 


17 


1,317 


- 


2,115 


- 


5,405 


14,580 


- 


- 


- 


18,580 


- 


- 


- 


- 


- 


- 


- 


- 


92 


6 


6,460 


- 


12 


44 


- 


- 


7,358 


583 


- 


7,899 


2 


77,377 


- 


51 


659 


1,466 


- 


45,207 


- 


- 


- 


- 


374 


- 


48 


645 


1,115 


- 


10,205 


4,914 


- 


169,355 


930 


1,239 


1 


1,955 


848 


2,083 


2,337 


73,669 


8,548 


100 


88,678 


523 


1,528 


1 


1,395 


3,629 


4,022 


- 


26,891 


- 


- 


9,395 


29 


_ 


- 


3 


18 


67 


_ 


208 


129,459 


70 


152,292 


742 


1,560 


- 


1,358 


1,369 


3,457 


2 


80,485 


96 


- 


7,495 


8 


50 


- 


4 


106 


254 


4 


1,168 


122 


166 


7,147 


9 


2 


_ 


_ 


652 


157 


69 


4,940 


142 


- 


7,522 


53 


4 


- 


3 


115 


111 


13 


3,805 


- 


5 


2,220 


17 


- 


3 


- 


26 


437 


130 


1,080 


- 


- 


150 


30 


- 


- 


27 


2 


35 


- 


_ 


1,648 


606 


43,236 


980 


7 


- 


583 


11,981 


9,415 


439 


58,132 


1,646 


1 


5,662 


32 


521 


1 


86 


2,685 


2,044 


31 


6,777 


1,648 


594 


43,236 


980 


- 


- 


583 


7,871 


6,335 


_ 


1,031 


6,600 


51 


49,597 


215 


2,743 


1 


96 


8,980 


7,772 


243 


54,947 


5,064 


28 


19,765 


66 


2 


- 


53 


5,683 


3,808 


460 


10,518 


117 


1 


11,125 


75 


- 


- 


16 


73 


804 


804 


558 


1,370 


4 


12,305 


243 


289 


1 


475 


1,363 


2,508 


83 


5,250 


4,155 


29 


15,808 


166 


714 


- 


459 


1,602 


2,883 


1,594 


51,038 


9,000 


- 


122,986 


- 


495 


- 


_ 


- 


_ 


_ 


11,235 


- 


- 


56,800 


1,420 


2,295 


- 


590 


384 


5,586 


_ 


_ 


1,075 


- 


- 


102,550 


417 


- 


98 


1,056 


_ 


984 


38,640 


4,709 


- 


59,054 


851 


4,227 


- 


408 


281 


21,041 


_ 


49,760 






110,255 


3 


663 


" 


— 


63 


67 


_ 


52,498 



72 



FISH AND GAME. 

Table I. — Concluded. 



[Dec. 



Town. 


PROPRIETOR. 


d 




9 


a 
u 






g 


TJ 


£ 


w 








a 


o> 








ss 


JS 










m 


m 


< 


m 


Gosnold, 


Holmes & West, 




9 


2,980 


24 




Charles C. Allen, . 




- 


_ 


5,875 


407 


" 


H. J. Allen & D. P. Bosworth, 




- 


_ 


540 


_ 


" 


John Man ley, 




- 


4 


690 


- 


Dartmouth, . 


Joseph F. Briggs, . 




- 


63 


26,154 


748 


" 


C. F. Manchester & J. Mancheste 


i"> 


_ 


212 


31,266 


539 


" 


Waite & Smith, . 




_ 


155 


18,147 


1,013 


South Dartmouth, 


George Priaulx, 




- 


110 


- 


- 


" " 


George A. Snell, . 




- 


229 


35,341 


32 


" " 


Snell & Backus, . 




- 


70 


16,115 


- 


(< << 


Jonas Travers, 




- 


48 


9,410 


- 


" " 


Benj. Queripel (2 pounds), . 




- 


- 


16,096 


3,577 


" " 


A. R. Reed (2 pounds), 




- 


39 


11,647 


287 


(( 11 


J. Howland, Allen & Co., 




- 


23 


5,637 


1,784 


" " 


Nicholas Priaulx, . 




_ 


- 


- 


- 


Chilmark, 


H. O.Poole & Co., 




_ 


144 


157 


1,500 


" 


R. Flanders & Co., 




- 


40 


11,237 


- 


Tisbury, . 


C. B. Cleveland, . 




- 


- 


24,476 


- 




Wm. M Vincent, . 




- 


2 


- 


- 


"... 


George Evans, 




_ 


210 


- 


11,000 


"... 


0. S. Daggett, 




- 


102 


- 


15,574 


Gay Head, 


Bartimus Luce & Co., . 




- 


- 


270 


280 




Totals (83), 




77 


50,057 


1,054,607 


6,665,698 



Table II.— Gill-nets. — Shoiuing 











be 

a 


Town. 


PROPRIETOR. 




to 

> 


u 






T3 


£ 


w 






03 


<a 


<A 






Xi 




0> 






an 


< 


m 


Newburyport, 


Dennett Aubin, 




105,000 


68,175 


" 




P. C. Stevens 






- 


175,000 


- 


Essex, . 




William Leiier, .... 






- 


- 


- 


Pigeon Cove, 




George Tuttle, .... 






- 


- 


3,600 


" " 




E. C. Parsons 






- 


- 


- 


(< It 




Murdock M;itheson, . 






- 


- 


- 


East Gloucester, 




Douglass & Hodgkiss, 






- 


- 


- 


" " 




Thomas Douglass, . 






- 


- 


26,700 


Magnolia, 




J. G. Burnham, . , 






- 


- 


18,000 


Marblehead, . 




J. J. Glass, 






- 


- 


10,800 


Swampscott, 




George A. R. Ho r ton, 






- 


- 


20,000 


" 




William H. Thomas, 






50 


300 


3,000 


" 




Frank II. Horton, 






- 


- 


- 


" 




Joseph S. Hamilton, 






- 


- 


2,400 


Cohasset, 




Joseph F. Vandura, . 






- 


- 


1,672 


Scituate, 




D. Conner, .... 






- 


- 


3,000 


" 




W'illiam Bates, . 






- 


- 


6,000 


Green Harbor, 




L\ man Sears, . 






- 


- 


- 


Sandwich, 




R. S. Kerry, 






- 


- 


183,900 


" 




O. R. Nickerson, 






- 


- 


- 


Barnstable, . 




B. A. Kendrick, 
W. B. Nickerson, 
Nelson A. Nickerson, 






- 


: 


700 
11 


" 




Moses Sturges, Jr., . 






- 


- 


- 


South Yarmouth, 




D. S. Baker, 






- 


- 


- 


Dennis, . 




N. Edwards, 






- 


- 


- 


" 




George G. Snow & N. Nixon, 






14,394 


- 


- 


" 




Albert J. Edwards, . 






16,000 


- 


- 


" 




Sylvanus Weson, 






- 


- 


- 


" 




J. K. Nickerson, 






22,000 


- 


- 


c< 




Joshua Pierce, . 






- 


— 


— 



1888.] PUBLIC DOCUMENT — No. 25, 

Table I. — Concluded. 



73 





tO 
CO 




6 




3 






£ tO 




A 


1) 

3 
3 


n 

3 
"S 

m 


S3 
o 

W. 


a 
a* 

m 


"3 

53 

M 
ej 

a 


AM 
to o 


A 


tii 

O 

3 


SI 

03 


to 

"3 

ft 


3£ 

ft 


93 




37,835 


8 


657 




2 


42 


44 


_ 


28,977 


_ 


- 


_ 


2,100 


_ 


- 


- 


148 


963 


~ 


10,863 


10 


- 


51,900 


- 


194 


- 


- 


62 


130 


- 


2,600 


1,000 


- 


127,446 


- 


724 


20 


15 


127 


524 


- 


18,838 


2,081 


509 


3,954 


353 


1 


- 


610 


1,155 


3,608 


172 


1,448 


8,486 


1 


27,498 


7 


1 


1 


215 


858 


14,273 


- 


- 


3,788 


21 


16,728 


2,286 


172 


2 


1,700 


- 


37,004 


. 75 


2,434 


28,299 


- 


10,563 


4,184 


111 


1 


70 


32 


6,685 


- 


28,030 


34 


6 


22,180 


852 


186 


- 


189 


995 


- 


- 


22,960 


1,600 


70 


233 


485 


100 


- 


173 


222, 


1,718 


- 


720 


3,152 


- 


22,858 


387 


58 


- 


62 


329 


- 


2,854 


9,489 


7,936 


- 


18,260 


264 


30 


1 


177 


- 


1,857 


12 


- 


384 


56 


1,723 


434 


25 


- 


214 


539 


6,749 


- 


2,847 


3,315 


22 


14,706 


384 


58 


1 


35 


■ 200 


4,346 


- 


- 


14,025 


- 


21,893 


1,734 


75 


- 


163 


135 


2,601 


- 


38,323 


697 


- 


33,779 


961 


1,591 


4 


195 


286 


6,856 


11 


40,415 


7 


- 


8,832 


681 


49 


1 


217 


■* 


1,018 


- 


5,643 


- 


- 


2,325 


- 


- 


- 


- 


- 


7,650 


- 


5,305 


400 


10 


1,000 


500 


- 


- 


300 


5 


2,000 


- 


500 


10,000 


10 


5,900 


- 


500 


- 


10 


- 


200 


- 


16,124 


816 


20 


13,169 


1,010 


- 


7 


880 


330 


2,854 


- 


9,627 


407 


- 


18 


845 


11,177 


2 


28 


4 


387 


- 


29,126 


1,202,777 


2,455 


1,448,451 


127,602 


2,877,768 


115 


38,376 


63,214 


358,917 


10,805 


2,716,969 



the Catch of each during the Year 1888. 





DO 

to 














to-S 




A 


a 

T3 


PQ 

T3 






"3 


s 


to 


si 


£ '-3 




to 


•a 
a 

3 




a 


CO 

3 

GO 


3 




4) 
3 

3 


3 

a 


3fo 

SI 

c3 


"3 
ft 


OS 

ft 


. 


_. 


















22,500 


9,000 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


3,000 


- 


- 


1,000 


- 


- 


- 


- 


- 


- 


400 


- 


- 


- 


- 


1,500 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


2,030 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


13,000 


- 


- 


- 


- 


- . 


- 


_ 


_ 


_ 


- 


23,000 


- 


- 


- 


_ 


_ 


1,200 


~ 


~ 


- 


- 


1,500 


- 


- 


- 


~ 


- 


- 


40,000 


- 


- 


- 


5,000 


_ 


_ 


- 


- 


_ 


_ 


4,325 


- 


- 


- 


1,606 


- 


- 


- 


- 


- 


- 


— 


— 


— 


— 


356 


— 


— 


— 


— 


— 


— 


- 


- 


- 


- 


2,300 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


436 


- 


- 


- 


- 


- 


4,391 


- 


- 


- 


- 


1,500 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


3,000 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


2,000 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


327,200 


- 


- 


- 


- 


- 


- 


- 


90 


- 


- 


- 


- 


1,300 


- 


- 


- 


- 


- 


— 


- 


_ 


_ 


_ 


1,786 


_ 


_ 


_ 


_ 


400 


2 


150 


35 


_ 


_ 


2,303 


_ 


_ 


_ 


_ 


300 


28 


200 


- 


_ 


_ 


2,978 


2 


1,122 


_ 


73 


14 


• 91 


6 


- 


314 


- 


1,117 


- 


- 


- 


- 


— 


— 


— 


— 


— 


— 


133 


— 


— 


— 


— 


- 


- 


- 


- 


- 


- 


3,680 


- 


- 


- 


- 


325 


- 


- 


4 


9,082 


- 


11,093 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


5,339 


- 


- 


- 


- 


- 


32 


- 


3 


_ 


_ 


1,379 


_ 


_ 


_ 


_ 


650 


- 


- 


- 


6,630 


- 


66,200 


_ 


- 


_ 


- 




" 


— 


~ 


~ 


~ 


5,222 


~ 


~ 


~ 


~ 



74 



FISH AND GAME. 

Table II. — Continued. 



[Dec. 











.3 


Town. 


PROPRIETOR. 




SO 








T3 


'^ 


w 






« 


0> 


cS 






A 




0> 






Xll 


< 


m 


Dennisport, . 


H. E. Rogers 


_ 


_ 


_ 


" 






David E. Wixon, 










- 


- 


- 


" 






Joseph H. Long, 










23,000 


- 


- 


Truro, . 






C. H. Collins, 
H. R. Cobb, 










~ 


165 


30 


North Truro, 




George T. Lewis, 
Thomas D Smith, 










: 


: 


- 


Provincetown, 




J. C. P Harvender, 










- 


- 


4,254 








H. L. Mayo, 










6 


- 


- 








Paul L. Bangs, . 










- 


- 


- 








C. Williams, Jr , 










- 


- 


- 








N W. Freeman, 










- 


~ 


- 








G- W. Crosby, . 










- 


- 


5,000 








B. F. Benson, . 










- 


- 


- 








Reuben Ryder, . 










- 


- 


- 








J. H. Little, 










- 


- 


- 








John C. Weeks, 










- 


~ 


- 








Jonah Newcomb, 










- 


~ 


- 








J. W. Savage, . 










- 


- 


- 








E. Niekerson, . 










- 


- 


- 








Juhn Freeman, . 










- 


- 


- 








A. L. Daeyett, . 










- 


- 


1,380 








H.M.Smith, . 










- 


- 


- 








Boniface Silva, . 










- 


- 


- 








George W. Freeman 










- 


- 


1,929 








Tilden A. Snow, 










16 


2,971 


1,695 








R. H. Atwood, . 










- 


200 


- 








Frank I. Sears, . 










- 


- 


- 








J. A. Lewis, 










- 


- 


- 








George Lewis. . 










- 


- 


- 








J.J.Cook, 










- 


- 


- 








W. M. Elwell, . 










200 


50 


- 








George H. Lewis, 










- 


- 


- 








Isaac Tyler, 










- 


- 


- 








Reuben Mayo, . 










- 


- 


- 








Charles Williams, 










- 


- 


- 








Joseph E. Weeks, 










- 


- 


- 








James E. Rand, 










- 


- 


- 








Jesse Wiley, 










- 


- 


- 








J. B. Dyer, 










- 


- 


- 








M. S. Brown, 










- 


- 


1,120 








Joseph Sears, . 










525 


888 


1 








Joseph Ellis, 










1 


400 


12 








Manuel Sears, . 










1 


334 


25 








Alfred Mayo, 










2 


- 


- 








Levi B. Kelley, . 










- 


- 


- 








Thomas Mayo, . 










- 


- 


2,564 








William Dyer, . 










- 


- 


40 








Isaac A. Dyer, . 










- 


- 


- 








H. S. Harrender, 










- 


- 


- 


Eastham, 




Alonzo Higyins, 










- 


- 


- 


" 






Wm. H. Nickerson, 










5 


3,017 


16,823 


" 






C. Anderson, 










- 


- 


- 


" 






John F. Walker, 










- 


- 


- 


" 






James Peuniman, 










- 


- 


- 


" 






J. W. Lincoln, . 










- 


- 


- 


Orleans, 
Chatham, 

(i 

«< 






Albert Smith, . 
John S. Ryder, . 
E. J. Ryder, 
Otis C. Eld ridge, 
Harrison F. Gould, . 
Elmer F. Mayo, 










- 


590 


184 


«( 






Alviu Z. Atkins, 










- 


- 


- 


" 






Francis 0. Hitchings, 








- 


- 


- 


" 






Elias S. Gould, . 








_ 


- 


- 


" 






Benjamin F. Patterson, . 








10 


- 


143 


" 






Washington Bearse, 








- 


- 


- 


<( 






Jeremiah Eldridge, . 








- 


- 


- 


" , 






F. Bloomer, 








- 


- 


- 


(< 






Frank L. Eldridge, . 








~ 


~ 


" 



1888.] PUBLIC DOCUMENT — No. 25. 

Table II. — Continued. 



75 



a 

•a 

-a 
a 

3 


to 
to 
a 
PQ 
•n 
<a 
ft 

QQ 


S3 

o 

m 


V 
a 
So 

« 

m 


Si 

o 
03 

3 


"3 

a> 
A* 

2 § 

"a 

a, 
m 


A 
m 

S 


Ssb 

o 

P 

CS 

En 


El 

c3 




A 

OS 


- 


- 


- 


- 


- 


- 


4,957 
3,910 
7,767 


- 


- 


- 


- 


1,000 


_ 


_ 


_ 


6,000 


_ 


_ 


_ 


_ 


_ 


847 


- 


- 


- 


744 


- 


1 


- 


- 


- 


- 


- 


- 


- 


- 


1,517 

853 
6,052 


- 


24 


- 


- 


- 


- 


_ 


_ 


_ 


_ 


_ 


_ 


_ 


_ 


_ 


700 


- 


- 


- 


- 


1,518 


- 


8 


- 


302 


- 


- 


- 


- 


- 


- 


11,146 


- 


1,283 


- 


- 


- 


244 


- 


- 


- 


- 


1,547 


- 


- 


- 


- 


- 


- 


- 


~ 


- 


- 


9,139 

300 

3,000 


- 


- 


- 


- 


- 


- 


_ 


_ 


_ 


_ 


_ 


_ 


_ 


10,000 


_ 


_ 


- 


- 


- 


- 


9,000 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


3,165 

60 

153 


- 


- 


- 


9,000 


- 


- 


_ 


_ 


_ 


_ 


I 


_ 


I 


I 


_ 


I 


- 


- 


- 


- 


14,721 
504 
272 


- 


- 


- 


- 


- 


4,497 


_ 


_ 


_ 


_ 


_ 


_ 


I 


I 


z 


z 


- 


_ 


_ 


_ 


654 


_ 


_ 


_ 


_ 


_ 


_ 


- 


- 


- 


- 


6,020 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


2,023 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


1,676 


2,107 


- 


- 


- 


- 


- 


- 


- 


- 


28 


342 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


3,057 


- 


21 


- 


- 


- 


608 


— 


— 


— 


— 


400 


— 


— 


— 


_ 


— 


— 


- 


- 


- 


- 


20,347 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


3,876 


- 


- 


— 


- 


- 


- 


- 


- 


- 


- 


3,203 


- 


- 


- 


7,786 


_ 


- 


- 


- 


- 


- 


5,257 


- 


_ 


_ 


_ 


_ 


215 


175 


- 


- 


- 


431 


_ 


- 


_ 


_ 


_ 


_ 


- 


_ 


_ 


_ 


697 


_ 


_ 


_ 


_ 


_ 


_ 


- 


- 


- 


- 


10,313 


_ 


_ 


_ 


_ 


_ 


_ 


- 


- 


- 


- 


559 


_ 


_ 


_ 


_ 


_ 


_ 


- 


- 


- 


- 


1,105 


- 


- 


_ 


_ 


_ 


_ 


- 


- 


- 


- 


3,232 


- 


- 


- 


_ 


_ 


_ 


- 


- 


- 


- 


22,937 


_ 


- 


_ 


_ 


_ 


_ 


- 


- 


- 


- 


3,753 


- 


72 


- 


_ 


- 


_ 


- 


- 


- 


- 


3,125 


_ 


- 


- 


_ 


_ 


_ 


- 


- 


- 


- 


- 


- 


- 


- 


1,210 


- 


_ 


- 


- 


- 


- 


2,011 


_ 


_ 


_ 


_ 


_ 


97 


1,852 


- 


- 


- 


880 


- 


6 


_ 


_ 


- 


48 


- 


- 


- 


- 


2,950 


- 


12 


- 


305 


- 


97 


- 


- 


- 


- 


156 


_ 


_ 


_ 


960 


_ 


16 


1,800 


- 


- 


- 


407 


- 


- 


- 


- 


- 




- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


151 


- 


- 


- 


- 


1,469 


_ 


- 


_ 


_ 


_ 


_ 


- 


- 


- 


- 


7,381 


3 


- 


_ 


_ 


_ 


_ 


- 


- 


- 


- 


638 


_ 


- 


_ 


_ 


_ 


_ 


- 


- 


- 


- 


5,100 


50 


340 


_ 


_ 


_ 


_ 


- 


- 


- 


- 


4,801 


_ 


131 


289 


_ 


_ 


92 


- 


- 


- 


- 


1,430 


- 


132 


629 


_ 


_ 


144 


695 


- 


- 


- 


1,240 


- 


841 


_ 


_ 


_ 


500 


- 


- 


- 


- 


1,603 


_ 


254 


_ 


_ 


_ 


_ 


1,800 


- 


- 


- 


1,020 


- 


329 


_ 


_ 


_ 


_ 


- 


- 


- 


- 


- 


- 


_ 


_ 


_ 


_ 


1,352 


- 


29 


10 


- 


1,220 


- 


- 


- 


_ 


_ 


1,745 


- 


- 


- 


- 


27 


1 


1,117 


- 


_ 


_ 


_ 


- 


- 


- 


- 


50 


2 


788 


- 


_ 


_ 


_ 


- 


- 


- 


- 


9 


1 


495 


_ 


_ 


_ 


_ 


1,073 


- 


- 


- 


95 


2 


3,004 


_ 


_ 


_ 


2,548 


8 


- 


- 


- 


- 


- 


828 


_ 


_ 


_ 


_ 


- 


- 


- 


- 


128 


- 


294 


_ 


200 


_ 


325 


- 


1 


- 


- 


36 


_ 


168 


_ 


_ 


_ 


_ 


- 


- 


- 


- 


1,756 


_ 


12 


_ 


_ 


_ 


_ 


- 


- 


- 


- 


879 


_ 


_ 


_ 


_ 


_ 


_ 


- 


- 


- 


- 


- 


- 


896 


_ 


_ 


_ 


_ 


- 


- 


- 


- 


- 


3 


386 


_ 


_ 


_ 


_ 












" 


1,800 


— 


"1 


— 


~ 



76 



FISH AND GAME, 

Table II. — Concluded. 



[Dec. 











a 


Town. 


PROPRIETOR. 




> 


<o 






13 


F= 


W 






a 










A 
W. 


< 




Chatham, 


G. W. Bloomer, ..... 


_ 


_ 


_ 


« 


. 


Fernando Bearse, 






— 


- 


- 


" 




S. W. Mallows, 






_ 


_ 


— 


Harwichport, 




W. T. Tuttle, . 






- 


- 


- 


Hyannis, 




F. B. Sherman, . 






- 


- 


- 


Hyannis Port, 




Orin Crosby, 






- 


- 


- 


" " 




H. C. Lumbert, . 






- 


- 


- 


« << 




T. F. Phinney, . 






- 


- 


- 


Centreville, . 




W. W. Hallett, . 


, 




- 


- 


- 


" 






C. E. Bearse, . 






- 


- 


- 


« 






James D. Kelley, 






- 


- 


- 


Mattapoisett, 






Lilburne Hiller, 
Joseph J. Nye, . 
Albert Winters, 






" 


^ 


- 


Fairhavcn, 






C.E.Allen, H. W. 1 
D. C. Potter, 


Ulen, 




~ 


- 


- 


CI 






Daniel W. Dean, 
John T. Besse, . 
Albert C. Swain, 






~ 


- 


: 


Gosnold, 






Peter B Davis, . 






- 


- 


- 


Nantucket, 
<< 

a 






E. B. Dunham, . 
Leander Small, . 
Thomas F. Hamblin, 
John Hamblin, . 
Arthur C. Manter, 






- 


: 


1,450 
1,216 


Si 






Charles B. Brooks, 






- 


- 


- 


a 






J. 0. Freeman, . 
Horace B. Cash, 






: 


19 


25 


ft 






Colin Small, 






_ 


- 


- 


<( 






George H. Hamblin, 




- 


- 


- 


K 






W J. Fisher, . 




- 


- 


- 


«« 






Lewis E. Thomas & Co., . 




~ 


- 


- 


Island of Tucanuck, . 


George E. Coffin & Co , . 




- 


- 


4,650 








Totals (134),. 






76,210 


288,934 


390,499 



Table III. — Salt-water Seines. — Showing 



Town. 


PROPRIETOR. 


A 
xn 


go 

CD 
> 

< 


Newbury port, 

Swampscott, 

Cohasset, 

Dennisport, . 

Provincetown, 

Chatham, 

Hyannis, 


Edwin F. Hunt, 
C. A. Caswell, 
A. F. Nesbitt, . 
R. Ainslie, 
E. B.Joy, 
E. W. Smith,- . 
E. K. Bearse, . 
E. Taylor, 












2,000 
13,800 


180,000 




Totals (8), . 












15,800 


180,000 



1888.] PUBLIC DOCUMENT — No. 25. 

Table II.— Concluded. 



77 



a 

C3 

a 
s 

3 


CO 

cS 

M 

.& 
03 


P. 

ps 


6 
"S 


*3 

M 
o 
cS 

3 


"3 

OQ 


A 
to 

«G 

5 


6fl 

O 

cS 

H 


■gts 

S3 
a 


9} 


A 

m 

o3 
-3 










1,446 


_ 


302 


_ 


_ 


_ 


53 


- 


- 


984 


- 


- 


- 


3,085 


- 


1 


- 


- 


_ 


_ 


_ 


_ 


— 


— 


92 


— 


— 


— 


— 


_ 


_ 


_ 


_ 


500 


- 


1,050 


- 


- 


- 


- 


_ 


_ 


2,785 


_ 


- 


- 


395 


- 


- 


- 


1,127 


_ 


_ 


305 


275 


- 


- 


4,564 


- 


- 


- 


- 


_ 


_ 


_ 


- 


- 


- 


250 


- 


- 


- 


- 


- 


- 


- 


261 


- 


- 


6,086 


.* 


- 


- 


- 


_ 


- 


- 


_ 


- 


- 


3,550 


- 


- 


- 


- 


- 


273 


169 


1 


- 


- 


5,354 


- 


- 


- 


- 


_ 


_ 


— 


_ 


— 


— 


888 


— 


— 


- 


— 


3,576 


- 


619 


120 


1 


1 


3,013 


32 


19 


1 


711 


_ 


_ 


_ 


1 


- 


- 


115 


- 


- 


- 


- 


_ 


_ 


738 


143 


- 


2 


1,179 


- 


- 


- 


274 


_ 


_ 


_ 


_ 


_ 


- 


793 


- 


- 


_ 


- 


_ 


_ 


1 


2 


_ 


_ 


89 


_ 


_ 


_ 


- 


1,180 


_ 


538 


55 


- 


- 


1,342 


12 


- 


- 


155 


155 


2 


52 


4 


- 


- 


586 


12 


1 


- 


10 


- 


- 


- 


58 


- 


- 


1,544 


- 


- 


- 


- 


- 


700 


1,025 


- 


- 


- 


6 
3,894 


- 


- 


- 


1,650 


_ 


_ 


_ 


_ 


1,183 


_ 


_ 


_ 


_ 


_ 


- 


- 


6 


2 


- 


- 


439 

806 

1,220 


- 


- 


- 


- 


3,640 


_ 


_ 


_ 


1,035 


_ 


_ 


_ 


_ 


_ 


_ 


_ 


_ 


_ 


_ 


— 


578 


_ 


— 


_ 


- 


_ 


_ 


- 


= 


- 


- 


1,125 


_ 


- 


- 


- 


206 


_ 


_ 


_ 


365 


- 


94 


- 


- 


- 


- 


_ 


77 


- 


_ 


167 


- 


432 


338 


- 


_ 


- 


_ 


_ 


- 


- 


- 


- 


1,586 


- 


- 


- 


- 


583 


_ 


116 


_ 


38 


- 


2,002 


- 


32 


- 


88 


- 


- 


- 


- 


- 


- 


5,845 


- 


- 


- 


- 


- 


24 


- 


35 


1,218 


- 


8,039 


- 


- 


- 


6 


76,604 


1,349 


7,704 


2,027 


604,392 


2,172 


192,749 


1,314 


30,738 


• 1 


46,017 





the Catch of each during the Year 1888. 



si' 










A 












m 






o 


A 




s& 




CJ 










w 

03 

m 


A 
a 
a> 

3 


3 


0) 

m 




OS 

T3 














328,000 


4,702 


4 


- 


18,700 


- 


1,200 


_ 


900 


_ 


_ 


6,000 


- 


- 


2,800 


2,475 


- 


- 


14,675 


13,004 


25,531 


2,005 


- 


32 


- 


- 


- 


1,567 


- 


- 


- 


- 


- 


750 


- 


- 


343,875 


17,706 


29,235 


6,797 


18,700 


6,032 



78 



FISH AND GAME, 



[Dec. 



Table IV. — Traps, Fykes, and 



Town. 


PROPRIETOR. 


6X) 

a 
"3 
3 

M 


0B 
4> 

< 


Gloucester, . 

East Gloucester, 

Manchester, . 

Chatham, 

South Dartmouth, 






A. E, Douglass, trap, 

E. A. Tarr, trap and nets, 

S. A. Bates, trap and gill-nets, 

J. Douglass, .... 

A. Varney, trap, 

Jones Bros. & West, trap, 

Jeremiah Eldridge, fyke, 

W. S. Matthews' fyke, . 








100,000 
53,100 
14,100 
15,000 
6,300 
64,185 


5,150 








Totals (8), .... 








•252,685 


5,150 



Table V. — Alewife Fisheries. — 1888. 



Town. 


PROPRIETOR. 


<A 


m 

> 
% 

<5 


CD 
CO 

M 

P* 


s- 
ft 


CO 

a 
m 


CO 
IE 

o 


u 

o 

M 


CD 


Medford, . 
Hingham, . 
Plymouth, 
Middleborough. 
Yarmouth, 
Yarmouth and 

Dennis, . 
Brewster, . 
Wellfleet, . 
Westport, . 

South Westport, 

Mattapoisett, 
Rochester and 
Marion, . 

Chilmark, . 


J. A Cross, 

Thomas Weston, 

J. C. &E.Bearse, . 

Randall Hathaway, . 

Long Pond Fishing Co., . 

Edgar M. Baker, 

J. Howard Winslow, 

Warren Newcomb, . 

P. S Tripp, 

Henry B Tripp, 

W Manchester & George 

R. Tripp, 
L.W.White, . 
James M. Sowle, 
James S. Lawton, 
C F. Hilt, .... 
Thomas Wilcox, 

J A. H. Shurtleff, . 

Estate of H. M. Smith, . 

Totals (18), . 


1 

3 

2 


52,862 
1,975 
61 ,345 
74,090 
13,500 

109,907 

47,024 

204,730 

385 

3,655 

1,164 
3,280 
4,98S 
6,345 
6,356 
2,742 

414,668 

17,036 


4 


245 

412 

4,692 
171 

71 
213 
123 
423 


115 
333 


222 

293 
2,057 


725 

296 
9 

23 


5,025 

452 
159 

379 

22 
31 




6 


1,026,052 


4 


6,350 


448 


2,572 


1,053 


6,068 



Table VI. — Taunton River Seines —1 888. 



Town. 


PROPRIETOR. 


Shad. 


Alewives. 


Perch. 


Taunton, 

Raynham, 
Berkley, 

Dighton, 
Somerset, 






Henry B. Macomber & 

J. W. Hart, . 

H. P. Macomber & Co. 

Gustavus King, 

G. B &E. Williams, 

David B. Shove, . 

Isaac M. BaLbitt, . 

J. W. Thrasher, . 

C. N. Simmons, . 

John Simmons, 


Co., 








563 

388 

143 

1,038 

1,343 

900 

826 

400 

750 

2 


59,683 

77,870 

64,573 

97,050 

127,440 

150,000 

104,700 

75,500 

140,000 

5,803 


101 








Totals (10), . 










6,353 


902,619 


101 



1888.] 



PUBLIC DOCUMENT — No. 25, 



79 



Irregular Returns — 1888. 







■•s 












a 

T3 


"3 








m 


00 




OS 

a 


.a 

as 
2 




J2 


T3 
O 
O 


3 


"S 

p 

ft 


o 

"a 
o 

m 


. 


150,000 


_ 


_ 


_ 


5,000 


_ 


_ 


~ 


- 


- 


- 


1,511 


6,000 


- 


- 


- 


14,800 


- 


- 


- 


21,000 


- 


- 


- 


75,000 


500 


- 


8,000 


- 


- 


- 


- 


15,000 


- 


- 


- 


24,150 


- 


- 


7,750 


33,666 


- 


- 


- 


12,815 


- 


40 


- 


- 


- 


3,544 


- 


- 


- 


- 


- 


- 


2,623 


- 


- 


- 


221 


- 


7,750 


288,466 


3,123 


3,544 


9,511 


68,965 


221 


40 



Table VII. — Connecticut River Seines. — 1888. 



Town. 


PROPRIETOR. 


Shad. 


South Hadley Falls, 


C. C. Smith and others, 


824 





Table VIII. — Merrimac River Selnes. — 1888. 



Town. 


PROPRIETOR. 


Shad. 


North Andover, 


Eben Sutton, 


- 



80 



FISH AND GAME. 



[Dec. 



aeqiO 


128,698 

572,334 

812,810 

2,716,892 




1 


817 
7,324 
3,011 
6,032 


4,637 
10,002 

1,697 
46,017 


1 1 1 1 1 1 1 


1 1 


•9193; 


4,016 

5,361 
33,980 

7,741 
11,570 

7,615 
10,805 




CO 


2,936 

487 

2,074 

814 

16,995 

30,415 

18,700 


t— 00 CO CO in rH rH 

~. - •' in t- 

CO CO rH CO 


1 ' 




s.iapnno[3 


114,843 
184,387 
288,930 
317,082 
261,595 
304,492 
358,917 




:o 

01 
CO 


1,784 

816 

2,706 

4,555 

1,456 

11 


31,703 
11,865 
16,325 
26,393 
13,136 
14,195 
30,738 


1 1 1 1 1 1 1 




■Sojrnsi 


40,512 
35,481 
23,929 
47,231 
47,490 
89,075 
63,214 




1 


nifcscoffl 

CO O 05 t— 1 | 

00^ CO 00 00 

co" 


"cr 00 35 O CO t- ■<* 

oj co t^ co co in r-< 

C» rH CO CO CO -Hi ^5 
OO" rn" 


1 1 1 1 1 1 1 




■qegania 


133,805 
60,182 

109.694 
32,575 
17,315 
44,204 
38,376 




1 


54,963 

22,916 

20,044 

6,635 

67 

8,080 

6,797 


136,705 

116,024 
94,736 
32,276 
13,938 

192,749 


1 1 1 1 1 1 1 


1 1 


qsjuedg 


o co C5 -t- o 05 in 

i— -t Ol Ol 05 O th 
COCO Hri 




1 


fflrJO It- 1 1 


rn | | rH CO CO 00 
co r- 

of 


1 1 1 1 1 I 1 


1 1 


•jaja^oi?]^ 


3,289,512 
4,756,490 
1,440,486 
2,643,190 
1,290,466 
1,069,609 
2,877,768 




SO 
tC 

00 

X 

01 


23,717 

10,567 

3,002 

796 

47,485 

29,235 


563,370 
381,968 
213,827 
182,360 
27,978 
177,401 
604,392 


1 1 1 1 1 1 1 


1 1 


•9tiSBa;enbg 


67,266 
92,671 
74,826 
17,746 
3,226 
15,742 
127,602 




1 


as co co in co 

CO 01 CO — 05 ! | 

00 CO CO 


3,366 
1,079 
1,918 
1,041 
16 
2,586 
2 027 


1 1 1 1 1 1 1 


1 1 


•dnog 


1,991,480 
1,848,583 
1,641,129 
1,240,630 
1,966,243 
2,153,504 
1,448,451 




' 


53,975 
4,321 
• 5,662 
26,340 
11,813 


45,071 
1,933 
2,193 

514 
1,206 

676 
7,704 


1 1 1 1 1 1 1 


1 1 


•sst'a padujg 


os co o m oo co m 

r-i t- .O CD r-i 0? uO 
-*" CO CO* r-T CO i-~ 00 




1 


1,280 
527 
575 
288 

1,437 
570 


NHt-MN-H® 

-rf -< in i— co oo -* 

r-i CO 00 CO 


1 1 1 1 1 1 1 


1 1 


•uaptjquapj 


8,102 

4,048,022 

308,381 

6,255 

48,910 

127,951 

1,202,777 




s 
• -. 

I- 


10 

934,523 

1,343 

44 

6 

17,706 


623 

3,104 

183 

9,502 

305 

57 

76,604 


1 1 1 1 1 1 1 


1 1 


•Snu.ian B^g 


1,201,449 
339,116 
2,806,203 
6,564,619 
1,361,684 
1,713,846 
6,665,698 




OC 

to 

of 

01 


20,005 
510 
502,609 
2,575 
150,435 
739,200 
343,875 


290,606 
79,179 
39,080 
79,576 
1,347 
40,011 

390,499 


1 1 1 1 1 1 1 


1 1 


•S9AIAVa[Y 


1,420,919 
1,250,263 
715,886 
1,066,148 
1,012,802 
1,453,820 
1,054,607 




c 
m" 


186,321 
40,515 
58,907 

109,995 
73,927 

324,965 

180,000 


238,309 
1,481 
8,405 
7,679 

323,800 
22,144 

288,934 


1 1 1 1 1 1 1 


o 
© 

00 | 

of 


•psqg 


27,769 
5,994 
5,392 
18,088 
15,874 
14,044 
50,057 




1 


1,222 

19 

6,530 

434 

22 

9 

15,800 


CD t-T* O 050 

rn rlH 1 O- 

in r- co^ 

co" 


2,770 
3,591 
1,593 

1,718 
577 
850 
824 


t-co 
00 -* 
CO r-1 


CO 

s 

w 


6 


in t- co o co oi co 
oo oo os oo in co oo 




CO 


CO -t 05 35 CO OI 00 
CO CO CO rH rH rH 


O 00 CO 05 00 CO i* 

O 00 CD iO CO O) CO 


COtfOlHHHrt 


■* co 


a 


Pounds and weirs, 


"a 
be . 

£ 

a 

CS 

to • 

a> 
& „ 

>> CD 

~ — 

CO 3 















Connecticut River seines, 


CO 

S ♦ 
'3 






Sh 


Sea seines, 


Gill-nets, 


w 

03 

s 




1882, 
1883, 
1884, 
1885, 
1S86, 
1887, 
1888, 


X 
oo 












Ol CO -f >.o CO I- CO 
CO 00 CO 00 CO CO CO 
CO GO CO CO 00 CO 00 


05 CO tifl CD (- 00 
CO CO CO 00 oo OC CO 
00 OO CO 00 CO CO 00 


oi co -t in co t- oo 

OO 00 OO OO OC CO CO 
OO CO OO CO 00 CO CO 


S3 §8 

OO 00 



1888.] 



PUBLIC DOCUMENT — No. 25. 



81 



1 1 1 1 1 


© 

1 1 1 l£ I 1 


1 1 1 1 1 1 1 


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659 

,018 


, , 


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CO 1 








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PUBLIC DOCUMENT. No. 25. 



EEPOET OF THE COMMISSIONED 



INLAND FISHERIES AND GAME 



Year ending December 31, 1889, 



BOSTON : 

WRIGHT & POTTER PRINTING CO., STATE PRINTERS, 

18 Post Office Square. 

1890. 



\ 



CONTENTS. 



Report, 5 

Appendix A. Reports of Deputies, 31 

B. Shad-hatching, 43 

C. Distribution of Fish, 45 

D. Trout-hatching at Northampton and Great Barring- 

ton, 47 

E. Legislation, 50 

F. List of Commissioners, . . . , . .58 

G. List of Leased Ponds, 63 

H. Returns of Lobster Fisheries, 67 

I. Returns of Weirs, Gill-nets and Seines, . . .76 



Comwcrnfoealt^ of iUassacjmsetts. 



To His Excellency the Governor and Honorable Council. 

The Commissioners on Inland Fisheries and Game 
respectfully present their Twenty- fourth Annual Report. 

Fishways. 

The damage done to the Lawrence fishway by the passage 
of logs down the river during the spring freshet has been 
repaired. 

The fishway at Holyoke, so long neglected by the corpo- 
ration, was during the past summer repaired, and the lower 
part rebuilt. 

MONATIQTJOT RlVER. 

On the 19th of May, 1889, the following petition w 7 as 
received from the fish wardens of Randolph : — 

Randolph, Mass., May 18, 1889. 

To the Honorable the Board of Commissioners on Inland Fisheries of the 
Commonwealth of Massachusetts. 

Gentlemen: — The undersigned having been duly chosen by 
the town of Randolph, by virtue of and in accordance with the 
provisions of section 2 of chapter 78 of the Acts of 1889, as the 
persons to carry out and enforce the provisions of said chapter, and 
the regulations made by virtue thereof, and having in part stocked 
with fish the waters therein named, respectfully call your Honors' 
attention to the fact that there are, between said waters and the 
sea, in the migratory courses of fish, eight dams, all on the Mo- 
natiquot River, so called, and all lying in the town of Braintree, at 
which dams there are either no fishways or no sufficient fishways. 



6 FISH AND GAME. [Dec. 

That said darns are owned, as we are informed and believe, as 
follows, being named in order, beginning with the highest up 
stream : — 

First Dam. — Owned by Sumner Hollingsworth and others. 
Second Dam. — Owned by Sumner and Ellis Hollingsworth. 
Third Dam — Owned bj Oliver Ames & Sons Corporation. 
Fourth Dam. — Owned by James T. Stevens and Geo. D. Willis. 
Fifth Dam. — Owned by Alva S. Morrison and others. 
Sixth Dam. — Owned by Lydia D. and Lyman W. Morrison. 
Seventh Dam. — Owned by The Jenkins Manufacturing Corporation. 
Eighth Dam.— Owned by Betsy B. Hobart. 

Therefore, we pray your Honors to examine said dams with all 
convenient dispatch, and require such fishways to be built and 
maintained thereat as your Honors deem sufficient and proper. 

S. A. Thayer, 
Franklin W. Hayden, 
Hale S. Howard, 

Fish Wardens duly chosen by the town of Randolph, in accordance with 
section 2 of chapter 78 of the Acts of 1889- 

In addition to this, several communications were received 
from leading citizens of Braintree and adjoining towns, urg- 
ing the opening of the river for the passage of migratory 
fish. As early as possible the river was visited, the dam 
inspected, surveys and the plans made, and on August 9 
these plans, with notice to build fishways, were served on 
the several owners or occupants »of these dams. 

In our examination of this once beautiful river, we were 
painfully aware of the changes that have been made in it dur- 
ing the last thirty years. Its once clear waters are now 
sadly polluted, due mainly to filth poured into it by one or two 
of the upper mills. There is no necessity for the existence 
of this nuisance, jeopardizing the health and damaging the 
property of people residing on its banks. Its abatement is 
simply a question of dollars and cents. Against life and 
health, and the preservation of our fisheries, these should not 
count. The pollution of our rivers and streams is a matter 
which, sooner or later, will demand prompt action. It is 
one of those insidious, accumulative evils, unheeded by 
many who are daily brought in contact with it, until some 
sudden epidemic reveals its true character. Its poisonous 



1889.] PUBLIC DOCUMENT — No. 25. 7 

effects are not at once removed by the removal of the 
original cause of pollution. The great amount of filth accu- 
mulated on the bottom and shores remains for years a 
constant menace and reminder of our disregard of sanitary 
conditions. 

Fish seen in the Lawrence Fishway in the Year 1889. 

Apr. 19. Saw the first fish, a sucker. 
20 to 24. River high, saw no fish. 

25. One alewife, one lamprey, and a few suckers. 

26. A few alewives, lampreys and suckers. The river clear, and 

water lower than it has been for months. 
27 to May 1. River high and muddy, no fish running. 
May 3 to 5. A few suckers. 

6. A few suckers and lampreys. 

7. A few suckers and lampreys. 

8. Suckers, run moderate ; a few lampreys and alewives. 

9. Suckers, run moderate ; lampreys and alewives, run small. 

10. Suckers, run large ; lampreys and alewives, run moderate. 

11. Suckers, lampreys and alewives, run moderate. 

12. Suckers, lampreys and alewives, run moderate. 

13. Suckers and lampreys, run large ; alewives, run moderate. 

14. Suckers, lampreys and alewives, run moderate. 

15. Suckers and lampreys, run moderate ; alewives, run small. 

16. Suckers and lampreys, run moderate. 

17. Suckers, lampreys, chubbs and shiners, run moderate. 

18. Suckers, lampreys and chubbs, run moderate. 

19. One salmon, 6 to 8 pounds ; suckers and lampreys, run 

moderate. 

20. Lampreys, run large ; suckers and alewives, run small. 

21. Lampreys, run moderate ; suckers and alewives, run small. 

22. Lampreys, suckers and alewives, run small ; river rising. 

23. Lampreys, suckers and alewives, run moderate ; river higher. 

24. One salmon, 7 pounds ; alewives, run large. 

25 and 26. Lampreys, run moderate ; alewives and suckers, run 

small. 
27 to June 1. Lampreys, run moderate ; suckers, run small. 
June 2. Lampreys, run moderate ; alewives and suckers, run small. 

3. Lampreys and suckers, run moderate ; alewives, run small. 

4. Two salmon, 7 to 9 pounds ; lampreys, suckers and alewives, 

run moderate. 

5. Lampreys and alewives, run moderate ; suckers, run small. 

6. Lampreys and suckers, run moderate ; alewives, run small. 

7. Lampreys and suckers, run moderate ; a few silver eels. 

8. Lampreys, suckers and alewives, run moderate. 

9. Lampreys, suckers and alewives, run moderate. 

10. Lampreys and suckers, run moderate ; alewives, run small. 

11. Lampreys and suckers, run moderate ; alewives, run small. 



8 FISH AND GAME. [Dec. 

June 12. One salmon, 18 to 20 pounds ; lampreys and suckers, run small. 

13. Lampreys and suckers, run small. 

14. Lampreys and suckers, run small ; a few small silver eels. 

15. Lampreys and suckers, run small ; a few small silver eels. 

16. One salmon, 3 to 3| pounds (this is the smallest salmon I 

have ever seen in the way) ; a few suckers, lampreys and 
small silver eels. 

17. Lampreys, suckers and silver eels (small ones), run small. 

18. Lampreys, suckers and silver eels (small ones), run small. 

19. Suckers and small silver eels, run small. 

20. Suckers and small silver eels, run small. 

21. One black bass ; suckers and small silver eels, run small. 

22. Suckers and small silver eels, run small. 

23. One black bass ; suckers and small silver eels, run small. 

24. Suckers and small silver eels, run small. 

25. One salmon, 16 to 18 pounds; one black bass. Water shut 

out of fishway greater part of day to caulk leaks ; water let 
in again at 6 p.m. 

26. One salmon, 6 to 8 pounds. At 7 a.m. water shut out again to 

complete caulking. River very low this morning. Men at 
work repairing nashboards on the dam. The men said they 
saw salmon jump below the dam quite a number of times. 
Boards all on dam at 3 P.M., water let into fishway at 
5 P.M. 

27. Seven salmon, 6 to 18 pounds. Water is running over the 

nashboards on the dam six inches deep. 

28. Three salmon, 8 to 18 pounds ; very few other fish. 

29. Three salmon, 10 to 18 pounds; very few other fish; very 

lew stickers and silver eels. 

30. Four salmon, 10 to 20 pounds ; suckers, run moderate in P.M. 

River rose last night. 
July 1. One salmon, 8 to 10 pounds; a very few suckers and small 
silver eels. 

2. A very few suckers and small silver eels. 

3. One black bass ; a very few suckers and small silver eels. 

4. A very few suckers and small silver eels. 

5. A very few suckers and small silver eels. 

6. One salmon, 10 to 12 pounds; a very few suckers and small 

silver eels. 

7. Suckers and small silver eels, run small. 

8. Su< kers and small silver eels, run small. 

9. Suckers and small silver eels, run small. 

10. One salmon, 12 to 14 pounds; suckers and small silver eels 

run small. 

11. One salmon, 14 to 18 pounds; suckers and small silver eels, 

run small. 

12. One salmon, 12 pounds; suckers and small silver eels, run 

small. 

13. Suckers and small silver eels, i*un small. 



1889.] PUBLIC DOCUMENT — No. 25. 9 

July 14. One black bass ; small silver eels, run small. 

15- Small silver eels, run small ; a few suckers. 

16. Small silver eels, run small ; a few suckers. 

17. One black bass ; small silver eels, run small ; a few suckers. 

18. One salmon, 12 to 14 pounds ; silver eels, run small. 

19. Small silver eels, run small ; a few suckers. 

20. Small silver eels, run small ; a few suckers. 

21. Two salmon, 12 to 14 pounds; a few suckers and silver eels. 

River rose rapidly after 3 p.m. 

22. Suckers and small silver eels, run small, River high and 

somewhat muddy. 

23. Two salmon, 12 to 14 pounds ; silver eels and suckers, run 

small. 

24. Two salmon, 14 to 20 pounds ; a few suckers and eels. 

25. One salmon, 12 pounds ; a few suckers and eels. 

26. Silver eels, run small ; a few suckers. 

27. Silver eels, run small ; a few suckers. 

28. One black bass ; silver eels, run small ; a few suckers. 

29. Silver eels, run small ; a few suckers and chubbs. 

30. Two salmon, 12 to 18 pounds ; silver eels, run small ; a few 

suckers. 
81. Three salmon, two 20 pounds, one 14 pounds ; silver eels, run 
moderate ; suckers and chubbs, run small. River rising. 
Aug. 1. River high and muddy, did not draw fishway. 

2. River high and muddy, did not draw fishway. 

3. River high. Suckers and silver eels, run moderate. 

4. One salmon, 18 to 20 pounds ; suckers and silver eels, run 

small. 

5. Suckers and silver eels, run moderate. 

6. Suckers and silver eels, run small. 

7. One black bass ; suckers and silver eels, run small. 

8. Two black bass ; suckers and silver eels, run small. 

9. One salmon, 18 pounds; one black bass; suckers and silver 

eels, run moderate. 

10. One salmon, 14 pounds ; suckers and silver eels, run small. 

11. One salmon, 18 pounds ; two black bass ; suckers and silver 

eels, run moderate. 

12. Four black bass ; suckers and silver eels, run small. 

13. One salmon, 14 pounds ; one black bass ; suckers and silver 

eels, run small. 

14. Two black bass ; suckers and silver eels, run small. 

15. One salmon, 12 pounds ; suckers and silver eels, run small. 

16. Suckers and silver eels, run small. 

17. Suckers and silver eels, run small. 

18. One black bass ; suckers and silver eels, run small. 

19. Suckers and silver eels, run small. 

20. One black bass ; suckers and silver eels, run small. 
21 to September 1. A few suckers and silver eels. 

Sept. 2. One black bass ; a few suckers and silver eels. 



10 FISH AND GAME. [Dec. 

Sept. 3. A few suckers and silver eels. 

4. A few suckers and silver eels. 

5. A few suckers and silver eels. 

6. A few suckers and silver eels. Shut water out of fishway at 

8 a.m. on account of low water ; let water in September 7 at 
1.15 p.m. 

8. A few suckers. 

9. A few suckers and silver eels. 

10. A few suckers and silver eels. 

11. A few suckers and silver eels. Shut water out of fishway 

at 7.30 a.m., low water; let water in September 11 at 
1.30 p.m. 

15. A few suckers. 

16. A few suckers. 

17. A few suckers. 

18. A few suckers. 

19. Three salmon, 12 to 20 pounds ; suckers, run moderate. River 

has risen since yesterday ; is rising rapidly to-day. 

20. Two salmon, 12 to 18 pounds ; suckers, run moderate. 

21. Three salmon, 10 to 18 pounds ; one black bass. 

22. One salmon, 10 pounds ; suckers, run moderate. 

23. Suckers, run moderate. 

24. Suckers, run moderate. ^ 

25. Suckers, run moderate, j Fishway repaired during this 

26. Suckers, run moderate. J> time, water shut out a good part 

27. Suckers, run moderate. I of each day. 

28. Suckers, run moderate. J 

29. One salmon, 8 pounds ; suckers, run moderate. 

30. Suckers, run small. 
Oct. 1. Suckers, run small. 

2. Suckers, run small. 

3. Suckers, run small. 

4. One black bass ; suckers, run small. 

From October 5 to date (November 8), no fish but suckers in 
the fishway. I understand that alewives were observed in Fish 
Brook this year. If so, the alewives placed in Haggett's Pond, 
Andover, two years ago, are returning ; which goes to show how 
easy it would be to have a good supply of these fish in this pond 
and brook, if some one would spend a little time clearing out the 
brook. Black bass are on the increase in the river. They have 
been caught in considerable numbers between Lawrence and 
Lowell this season. 

Thomas S. Holmes, 

In charge of Lawrence Fishway. 



1889.] PUBLIC DOCUMENT — No. 25. 11 



Alewives. 

The invention of a fish way in 1871, and its adoption by 
the commission, making it easy for migratory fish to pass 
over dams, however high, has resulted in a large increase of 
these fish. No inconsiderable part of the labor of the com- 
mission has been devoted to examining rivers and streams, 
and consulting and advising with those who had charge of 
these fisheries. Many streams from which they had been 
entirely destroyed have been reopened and successfully 
restocked. 

Prior to 1875 the yearly catch of alewives in this State did 
not exceed one million. In consequence of the building of 
these fish ways, and the advice and information imparted to 
those interested in the propagation of these fish, the catch 
rapidly increased up to 1882. The number caught that year 
was 4,446,605, an increase of nearly three million over any 
year previous to 1875, since the commission was established. 
The average yearly catch since 1882 has been 3,496,605. 
The increase of the last seven years over the seven years 
previous to 1875 has been 16,317,592. This does not in- 
clude many fisheries from which no returns have been made. 

The market value of alewives is from one dollar to a dollar 
and a quarter per hundred. At the lowest price, this in- 
crease — due directly to the action of the commission — 
amounts to $163,175.92. The alewife is eaten fresh, salted 
and smoked, and is largely exported to the West Indies. 
They are important, also, in supplying the " bankers" with 
bait at a season when they cannot obtain it elsewhere. The 
average annual value for the last seven years has been $34,- 
966.05, and has amounted in the seven years to $244,762.35. 

The increase of alewives has also an important bearing on 
the deep-sea fisheries. The young of the cod, haddock and 
mackerel seek the shallow waters along our shores as a 
means of protection from their enemies. In autumn count- 
less millions of young alewives go down to the sea, filling 
our bays and estuaries with food for these fish. "Where 
their proper food is, there will you find all animal life." 
The bays and estuaries are the nurseries that supply the 
deep-sea fisheries. 



12 FISH AND GAME. [D 



ec. 



Professor Huxley's statement that man cannot be con- 
sidered a factor in lessening the great schools of migratory 
fish that traverse the ocean, does not avail against the fact 
that by the use of purse-seines and other modes of fishing 
which destroy a large percentage of the young, the mackerel 
fisheries along our coast are slowly but surely becoming 
every year less valuable. 

Shad. 

Sufficient is known of the habits of shad to class them 
among shore fish. They are gregarious, moving in schools 
like the alewife, but not migratory in the sense in which 
this term is applied to cod and mackerel. They are found 
along the coast in our bays and estuaries during a greater 
part of the year, frequently entering brackish water, and in 
the spring running up the rivers and streams for purposes of 
propagation. Their eggs never hatch in salt or brackish 
Water, and, in order to continue the species, they must have 
access to fresh running water. Previous to their spawning 
they do not feed in fresh water, but after they have cast their 
eggs they will bite at flies or any small shining object that 
attracts their attention. A drop of solder, or a piece of 
silver on a hook, will enable the angler to catch at this sea- 
son of the year either shad or ale wives. The usual way, 
however, of taking them, is by means of weirs, seines and 
traps, — a mode of fishing which, if not carefully regulated, 
must, wherever used, end in their destruction. 

As a commercial product it matters not where the shad is 
caught ; but it is self-evident that, in order to continue the 
supply, enough must be allowed to go up the rivers for that 
purpose. Few fish are more desirable than shad in their 
season, or more easily propagated. From the earliest settle- 
ment of the country down to the present time, there has been 
a singular disregard of the conditions necessary to maintain 
these fisheries ; and the consequence is, they are in many 
places rapidly decreasing. We have repeatedly called the 
attention of the fishermen to this fact, and endeavored to 
convince them that, unless there was a change in their 
method of fishing, there would eventually be no shad to 
catch ; but, against their absurd ideas that every man has a 



1889.] PUBLIC DOCUMENT — No. 25. 13 

right to fish and shoot as he pleases, facts and argument 
have little weight. 

In 1879, in consequence of artificial hatching on the Con- 
necticut, shad were more plenty in that river than ever before 
known. This made fishing profitable, and the result was 
that the lower part of the river swarmed with pounds, weirs, 
gill-nets and sweep-seines. Knowing that the river could 
not stand this over-fishing, we appeared before the legislative 
committee of Connecticut, and urged, in justice to our State 
as well as their own, that a statute embodying reasonable 
regulations should be enacted to protect the shad of this 
river. We stated that, unless some decided action was 
taken, its fisheries would in a short time be destroyed, and 
no amount of artificial hatching could save them. But 
neither this statement nor the earnest advice of their own 
commissioners had any influence. No change was made, 
and the result is shown in the following record : — 



Catch of Shad in the Lower Connecticut River. 



1879, 
1880, 
1881, 
1882, 
1883, 
1884, 



436,981 
269,918 
351,678 
272,903 
177,308 
150,015 



1885, .... 190,300 

1886, . . ' . . 117,950 

1887, .... 80,350 

1888, .... 68,450 

1889, .... 42,325 



This shows a decrease of over ninety per cent, in eleven 
years. All profitable fishing on this river is at an end ; 
most of the seines and gill-nets are hung up to rot, and many 
of the fishermen have been obliged to seek employment in 
some other direction. Pity they had not been obliged to do 
this before the mischief was done. 

The pounds and weirs are but little better off. We learn 
on good authority that most of them did not pay expenses 
last season, and that many of them will probably not be set 
again. The folly of allowing a reckless set of men to patrol 
the mouths of our rivers with sweep-seines and gill-nets 
must be apparent to any one who has the slightest knowledge 
of our inland fisheries. 

What has occurred on the Connecticut is being repeated, 
in a different way, at the mouth of the Merrimac, where, 
under the pretence of taking bait in June and July with 



14 FISH AND GAME. [Dec. 

small-mesh sweep-seines, hundreds and thousands of young 
shad are taken and sold for bait at about one dollar per 
barrel. This should be stopped at once, and the mouth, 
which is the doorway to the river, be left free for the pas- 
sage of migratory fish. 

Until there spring up in the ranks of the fishermen a 
broader intelligence and a clearer comprehension of what is 
essential to the preservation of these fisheries, all efforts to 
maintain them must prove more or less unsuccessful. There 

was not the slightest need for the destruction of the great 

© © 

shad fisheries of the Connecticut. If the weirmen, gill- 
netters and seiners had united, with a fair amount of intelli- 
gence and a just appreciation of the rights of others, the 
fisheries could have been maintained at the point where the 
commissioners of the two States had brought them by artifi- 
cial hatching in 1879. There are still breeding: fish enough 
© © © 

left in the river, could such action be had at once, to restore 
the shad to their former abundance. There were taken in 
the waters of this State in 1889 40,461 shad. The report 
of shad-hatching at North Andover will be found in the 
Appendix. 

Trout. 

In a large majority of cases, where reliable information 
has been obtained, the artificial stocking of streams with 
trout has been successful. In addition to the experiment 
made by the commission, detailed in former reports, another 
stream was selected for the same purpose. This stream 
formerly went dry about four months in the year ; but, in 
consequence of the construction of a dam twenty-two feet 
high, near the head, for the purpose of creating a reservoir, 
depending chiefly upon the water shed, it became a con- 
tinuous brook, about half a mile long; the water supplying 
it during the summer months would not have filled a ten-inch 
pipe. Into this stream, two years ago, was turned the trout 
fry gathered from the hatching troughs after the distribution 
for the State was made, — not over two thousand fish. 

An examination of the stream last September showed that 
it was full of trout from six to eight inches long. They 
were found the whole length of the stream, while in the pools, 
of which there were several, there were counted from fifteen 



1889.] PUBLIC DOCUMENT — No. 25. 15 

to thirty in each. The superintendent informed us that dur- 
ing the overflow he had several times seen them in the waste- 
way, passing up into the pond. 

The success attending the propagation of trout has led to 
the formation of several associations in different parts of the 
State, that are now engaged in constructing hatching works, 
for the purpose of restocking streams in their vicinity. As 
these associations are spending money and laboring to in- 
crease the fish in waters open to the public, the State should 
assist and encourage them, on the same principles on which 
it fosters and encourages agricultural societies. Their waters 
should be protected from the persistent loafer who hangs 
about day after day, catching fingerlings for the market ; and 
authority should be given to the commission to close streams 
that are being restocked, for a period not exceeding three 
years. 

Arrangements were made last year to increase the number 
of trout fry for distribution. There will .probably be about 
five hundred thousand to be delivered to applicants next 
April and May. They will be delivered free at the hatching 
house, Winchester, Mass., and cans will be furnished for 
transportation, to be returned to the hatchery at applicant's 
expense. All applications should be made before the first 
of April, endorsed by either senator or representative of the 
district. Trout fry cannot be entrusted to the express, and 
a responsible person should be sent to take charge of them. 
Such a person can take charge of twenty-five or thirty 
thousand fry, and, when several applicants reside on the 
same line of road, expense may be saved by arranging with 
one competent man to care for several cans to be distributed 
along the route. 

Salmon. 

As predicted in the report of last year, there was an 
increase in the run of salmon in the Merrimac this year. If 
the dam at Livermore Falls had been completed so as to 
turn all salmon that reached there into the fish way, a much 
larger number would have been secured for breeding pur- 
poses. As it was, the number of eggs secured was nearly 
double that obtained any previous year. There was an 



16 FISH AND GAME. [Dec. 

abundance of water through the whole season, at times so 
much that the nets could not be set. The salmon continued 
to run through the summer, some being seen in the Lawrence 
fish way as late as September 29. 

The river is open to hook-and-line fishing, and there are 
doubtless many places along the river where, at the proper 
season, they could be taken. For further information on 
this subject we append the following report of E. B. Hodge, 
superintendent of the joint hatchery at Plymouth, N". H. : — 

To the Commissioners on Inland Fisheries for the Commonwealth of 
Massachusetts. 

Gentlemen : — I herewith submit my annual report of the work 
done at this station for the year ending Dec. 1, 1889. 

The run of salmon in the Merrimac this season has been the 
largest of any year siuce I have had charge of the works. The 
first salmon reached here about the loth of June ; but, owing to 
the high stage of water in the river, the nets were not put in until 
the 21st. Over fifty salmon were taken, while many more went 
over the falls to the spawning grounds i-n the upper part of the 
river. Two hundred thousand eggs were taken, and are now in 
the hatchery. They are a fine lot, and the eye specks are now 
visible. The loss will be very small. 

The fish did not run as large as last year, only averaging from 
ten to twelve pounds. Several grilse of three and four pounds 
weight were taken in the nets, but were allowed to pass up the 
river. The young salmon were very plenty until the last of 
August, at which time they seemed to be going down the river. 

The number of salmon taken in the pounds represent only a 
small part of the fish that enter the river. Many of them find 
suitable spawning grounds in the rapids that extend for miles 
below the hatchery ; while others go up over the falls during the 
summer freshets, when, owing to the volume of water and the 
large amount of drift-wood, it is impossible to keep the pounds in 
position. 

The number of young salmon fry planted in the Pemigewasset 
River in May was a little less than six hundred thousand. They 
were deposited at various points, from one to twenty miles above 
the falls. 

There are now one million brook- trout eggs laid down in the 
hatchery, of which five hundred thousand will be sent to Mr. 
Brackett at Winchester as soon as sufficiently developed. This 
is an increase of three hundred thousand over last season. This 



1889.] PUBLIC DOCUMENT — No. 25. 17 

increase is due to the growth of the trout purchased the past three 
years. 

As instructed, I sold two hundred pounds of the large male 
trout from the breeding ponds, for which I received eighty dollars. 
This money was used in part payment of wild trout purchased, of 
which I have added 6,187, from four to eight inches in length. 
The price paid for these fish was three dollars per hundred, 
delivered at the hatchery. The addition of these trout will add 
materially to the number of eggs another year, and will also 
necessitate the building of more tanks and ponds for their 
accommodation. 

There are now about four hundred pounds of the surplus male 
trout that should be disposed of another spring, and the money 
used to purchase wild trout. 

Since the adoption of the new-shaped landing nets three years 
ago, not a single salmon has been lost by that fatal disease, — 
fungus. I have adopted the same style for the trout-nets ; and, 
in handling the many fish required to produce one million eggs, 
not a single spot of fungus has been seen. 

The station is now in good repair, and well equipped for the 
work for which it is intended. 

Respectfully yours, 

E. B. Hodge, Superintendent. 
Plymouth, N. H., Dec. 2, 1889. 

Lobsters. 

Last year the commission inspected the lobster fisheries 
along the coast, from New Hampshire to the Rhode Island 
line, giving as nearly as possible a detailed statement of the 
number of men engaged in the fisheries, number of traps and 
of marketable lobsters caught, with the estimated value of 
the same. 

In the hearing before the legislative committee on fish and 
game, for the purpose of devising some means for the better 
protection and possible increase of this valuable crustacean, 
it was charged that the report was unreliable ; that the catch 
was more than double what Ave had estimated ; and that, by 
our misrepresentations, we had led the Governor to call the 
attention of the Legislature to the decrease of these fisheries. 
These charges, made by eminent counsel, would have been 
passed unnoticed had they not found a wide circulation in 



18 FISH AND GAME. [Dec. 

the daily papers, thereby tending to shape public opinion in 
the wrong direction. The answer to these charges will be 
found by comparing our estimates for 1888 with the sworn 
returns of the fishermen for 1889 : — 

1888. Number of men, 367 ; traps used, 22,310. Total catch, 1,740,850. 

1889. Number of men, 344 ; traps used, 20,016. Total catch, 1,359,645. 

To this (for 1889) should be added 61,832 egg-bearing 
lobsters, reported as returned to the water alive ; but this, 
and the estimated returns of short lobsters under ten and 
one-half inches, should be taken with some allowance, as 
they were liberated near the traps where they were taken, 
and many of them were no doubt recaptured several times. 
The experiment of hatching lobsters was only partially 
successful. The hatching boxes, being floated, were subject 
to the motion of the waves, which at times was sufficient to 
destroy the vitality of the eggs. They also suffered some- 
what from heavy rains. There are several methods by which 
these difficulties can be overcome ; but probably the most 
effectual would be to place the spawn in a house prepared 
for that purpose. 

The experience of the past season indicates that the lobster 
spawn does not hatch until the water reaches a temperature 
of 52 degrees F., no matter at what time of year the eggs 
are deposited on the swimmerets. It is probable that the 
female carries them until the water reaches that temperature 
before they hatch. 

At Chatham and Monomoy the fishermen claimed that the 
water was so warm that they could not keep lobsters alive 
in floating cars, and that they were obliged to sink them. 
Some experiments tried there by Mr. Proctor appeared to 
confirm the statement. Owing to the high temperature of 
the surface water, his effo rt to hatch lobsters at Chatham in 
August was almost a failure. 

From the 9th to the 23d of June, there were hatched and 
turned into Salem harbor over two million young lobsters. 
The work of carrying out these experiments was entrusted 
to the chairman of the Board. On the 19th of June his 
term of office expired, and the vacancy was not filled until 
the 9th of October. This materially interfered with the 



1889.] PUBLIC DOCUMENT — No. 25. 19 

labor of the commission in this direction, which should be 
continued, and every possible effort made to protect and 
increase the lobster fisheries. 

The law on short lobsters may require some slight amend- 
ment. This, with the Act of 1889, chapter 109, which 
passed the Legislature by a unanimous vote, appears to be 
all the law required at present for the protection of the 
lobster fisheries ; and these laws are heartily supported by 
the better class of these fishermen. They, however, com- 
plain bitterly that there is a class who constantly violate 
them, thereby taking advantage of those who honestly com- 
ply with the requirements. 

Laws do not enforce themselves ; and, if we desire to 
retain the assistance and co-operation of the better part of 
the fishermen, prompt action should be taken to protect all 
alike. This cannot be done without an efficient patrol boat, 
and a small force on land, striking the illegal traffic at both 
ends. The boat used during the past season is not suf- 
ficiently strong to stand rough weather, and is not always 
safe to be used when most needed. We therefore recom- 
mend that it be sold, and that the Legislature grant the 
means to procure one more suitable for the purpose. In no 
other way can the work of protection and increase of the 
lobster fisheries be carried out. 

It is for the Legislature to say to what extent an industry, 
yielding an annual return of one hundred and fifty-six thou- 
sand dollars, with a certainty of being largely increased, 
shall be encouraged. It is an industry that in no way 
conflicts with any other, and, if not properly protected, will 
cease to be of value. 

The excellent law passed by the last Legislature, giving 
back to the water so many egg-bearing lobsters, would of 
itself pay all reasonable expense in maintaining it. It is to 
be borne in mind that, for the first time in the history of 
lobster fisheries in this State, the egg-bearing lobsters have 
during the past season been returned to the water alive. 
Making due allowance for the retake and recount of the 
same lobsters, it is safe to estimate the number thus returned 
at forty thousand ; and, allowing thirty thousand eggs to 
each lobster, which is about the average, the total number 



20 FISH AND GAME. [Dec. 

of eggs would be one billion, two hundred million. It is 
true that the lobster has many enemies besides man ; yet the 
saving of this vast amount of spawn, which has hitherto been 
destroyed, cannot fail, if continued, to become an important 
factor in increasing the number of this valuable crustacean. 
There was received this year 352 returns of weirs, seines 
and gill-nets, being a gain of 88 over last year. All kinds 
of seines have been tabulated under the head of gill and 
sweep nets. 

The number of shad taken in the waters of this State for the 

year 1889 was 40,461 

Taken in fresh water, 8,143 

An increase over 1888 of 966 

Taken in salt water by weirs and gill-nets, .... 32,318 

A decrease from 1888 of 108,739 

The returns show a decrease from 1888, in the catch of scup, 

of 336,789 

Squeteague, 89,208 

Mackerel, 2,640,286 

Spanish mackerel, . 1,795 

Bluefish, 165,179 

Flounders, 104,726 

Alewives, 150,000 

There has been an increase in the catch of — 

Sea herring, 12,249,666 

Menhaden, 2,790,316 

Striped bass, 3,139 

Tautog, 2,111 

Eels, 180,949 

As the king fish, sea bass, butter fish, frost fish and bonito 
have never been tabulated, it is impossible to make a com- 
parison with former years of the catch of these fish. In the 
returns of other edible fish there is a decrease this year of 
859,427. 

In comparing the returns of 1889 with those of 1888, it 
should be borne in mind that there is an increase of 88 
returns for this year over 1888. Some of the weirmen and 
gill-netters have been negligent in making their returns, 
necessitating the sending of duplicate notices, reminding 
them of their tardiness in complying with the law. While 
the returns are supposed to give the number of fish taken by 
these methods of fishing, there has not heretofore been any 



1889.] PUBLIC DOCUMENT-— No. 25. 21 

effort made to obtain the total value of the catch. The law 
does not compel the fishermen to furnish this information, 
and it can only be done by their frank co-operation with the 
commission in their efforts to obtain reliable statistics of the 
fisheries of this State. We hope to be able in our next 
report to supply this deficiency. 

The returns from 344 lobster fishermen give 20,016 traps 
used, and 1,359,645 marketable lobsters; also 61,587 egg- 
bearing lobsters returned to the water alive. The estimate 
of short lobsters returned to the water alive is, we regret to 
say, in some instances unreliable, and apparently intended 
to mislead. At least it must be taken with a great deal of 
allowance, as the same lobster may be caught several times 
in the course of the season. 

The labor of the commission since last January has been 
double that of any previous year. In addition to routine 
work, there have been hatched and turned into the water 
more than two million young lobsters ; the coast has been 
patrolled, and the law of 1889, which compels the return of 
all egg-bearing lobsters to the water alive, has been fairly 
enforced. This, at the lowest estimate, has saved more than 
one billion two hundred million lobster eggs, which have 
hitherto been destroyed. 

There have been made 146 prosecutions. The fines paid, 
together with the liabilities of defendants in cases pending 
in the supreme court (which there is good reason to believe 
will be decided in favor of the State), will amount to 
$43,360. 

Birds and Game. 

The present season continues to show the good effects of 
the law and the education of the people in support of it ; 
yet our legislation does not keep pace with most of the other 
States. With thousands of acres of woodland, sprout land 
and swamp, we may keep with us in increasing quantity our 
game birds, if the Legislature will equip us with efficient law, 
and the means to enforce it. A non-export law is needed, 
and is almost essential for the proper preservation of the 
game birds. Thousands of our quail and ruffed grouse are 
every year captured and killed by men who make market 
hunting their occupation, and shipped to the New York 



22 FISH AND GAME. [Dec. 

market, where larger prices are obtained than can be got in 
Boston or in any of our home markets. Our State is 
invaded every season by parties from other States, profes- 
sional market hunters, who butcher our birds for profit, and 
who come here for no purpose but the killing of our game 
birds and shipping them to outside markets, thus making 
merchandise of the game which we preserve for the use and 
enjoyment of our own citizens. 

Connecticut has in successful operation a non-export law, 
supported by all classes of her people, and by none with 
more enthusiasm and eifect than the farmers. 

The appointment in our agricultural counties of game 
wardens, armed with efficient authority of search and arrest, 
and under pay, is desirable. Competent men can be obtained 
in every county, enthusiastic in this endeavor, who for small 
remuneration would make this business in its proper season 
a matter of earnest pursuit. We recommend such an enlarge- 
ment of the law. 

Uniformity concerning the close season is desirable. If 
the law now allowing the killing of quail up to January 1, 
yet prohibiting the killing or taking of ruffed grouse after 
December 1, were made uniform in its application to both 
grouse and quail, by so amending it as to make the close 
season for both December 15, it would be an improvement, 
and we believe satisfactory to all parts of the Commonwealth. 

Shooting, hunting and fishing on Sundays is becoming more 
and more common, and is a great annoyance to law-abiding 
and law-loving people. The firing of guns in the country 
places almost under the eaves of churches, in and out of 
service hours, is not only a violation of existing law, but a 
desecration of the day especially offensive to devout and 
Christian people. The law upon this matter should be more 
stringent and more effectively enforced. The larger part of 
illegal shooting and fishing is done upon the Sabbath day, 
and it is done by the lawless element of our population, who 
care but little for law, and less for the sensibilities of orderly 
and reputable people. If the commissioners and their depu- 
ties were invested with authority to arrest without warrant 
in certain cases, coupled with the power of search, this per- 
nicious practice could and would be largely broken up. 



1889.] 



PUBLIC DOCUMENT — No. 25 



23 



The English sparrow is a continuing and increasing evil. 
The time is near when the agricultural interests will demand, 
as they are now entitled to do, some remedy for the restric- 
tion if not the destruction of this malicious marauder. The 
pillage of small fruits and grains is his delight. Destruction 
of these, together with the eggs and the young of our native 
birds, is his occupation and enjoyment. Scientific search 
and examination have determined the fact, that as an insect 
destroyer the bird is a delusion, and is vastly inferior to 
many of our native birds whom he destroys and drives away. 

Permits. 
The following parties have been granted permits to take 
eggs and birds for 1889 : — 

. North Tisbury. 

. Taunton. 

. Sherborn.* 

. Lawrence. 

. Lawrence. 

. Cambridge. 

. Cambridge. 

. Boston. 

. Cottage City. 

. Watertown. 

. Arlington. 

. Boston. 

. Springfield, f 



Geo. W. Evans, 
A. C. Bent, 



A. P. Morse, . 
Harry G. White, 
Dr. W. R. O'Connor, 
William Brewster, , 
C. F. Batchelcler, . 
C. W. Chamberlain, 
Howes jSTorris, Jr., . 
Edgar W. Huckins, . 
Edward C. Mason, . 
Geo. H. Mackey, 
Alfred B. Copeland, 



Prof. F. W. Putnam, who has faithfully served on the 
commission since 1881, has this year retired from the Board. 
His relations with his colleagues have always been cordial, 
and the devotion, self-sacrifice and signal ability with which 
he has always labored for the public good, entitle him to the 
respect and gratitude of all who are interested in the preser- 
vation of our fish and game. The cause which led to his 
resignation is fully explained in a letter of Professor Putnam 
to the Governor, of which the following is a cop}^ : — 

In Camp Serpent Mound Park, Adams County, Ohio, 
Aug. 7, 1889. 
To His Excellency Oliver Ames, Governor' of Massachusetts. 

Sir : — It has just come to my knowledge that Mr. Brackett 
was not confirmed by the council, owing largely, as I understand, 

* For Wellesley College, t For Massachusetts Agricultural College. 



24 FISH AND GAME. [Dec. 

to the feeling that there should be some one on the commission 
who should be from some other portion of the State, Mr. Brackett 
and myself being both from one and the same region. If I am 
correct in this supposition, there is no question in my mind who 
should step aside to make room for the new member. I therefore 
respectfully and most heartily tender the resignation of my com- 
mission, that Mr. Brackett may be reappointed. This is entirely 
in keeping with all my acts since I have been on the commission, 
as I have ever been ready to make a personal sacrifice for the good 
of the State ; and I have held the office of commissioner all these 
years simply because it was thought by Governor Long and your- 
self that I could fill the office in a manner creditable to the State. 
As I knew nothing of my first appointment until Governor Long 
asked me to accept it, and, as you well know, I neither asked for 
nor expected the renewal of the honor at your hands, I have been 
perfectly free and independent while holding the office, and have 
been animated by a single motive, — the good of the Common- 
wealth, wholly regardless of the many axes which parties in 
various parts of the State have wished to grind at the public 
expense. 

The time has come now, in my estimation, when I can serve the 
State better by withdrawing from the commission than by remain- 
ing upon it, when by doing so the services of a man ten times 
more valuable in all the many interests connected with the com- 
mission can be retained for the State. In Mr. Brackett the State 
would have the entire service of a man devoted to the work of the 
commission, and one who is better qualified than any other man in 
the State for the position ; and I venture to hope that you will 
kindly accept the resignation I herewith most respectfully tender, 
that the Commonwealth may continue to have the services of Mr. 
Brackett. 

I have the honor to be, sir, 

Your obedient servant, 

F. W. Putnam. 

[Copy.] 
Commonwealth of Massachusetts. 

Executive Department, Boston, Oct. 20, 1889. 
Prof. Frederick W. Putnam, Cambridge, Mass. 

Dear Sir : — I am in receipt of your letter, by which you tender 
the resignation of your membership in the Inland Fisheries Com- 
mission. I hereby accept the same. I do this reluctantly, but I 
feel that I must, if the services of Mr. Brackett to the Common- 
wealth are to be continued. 



1889.] PUBLIC DOCUMENT — No. 25. 25 

Permit me to say to you, that, in the performance of the duties 
of the office from which you now retire, you have done valuable 
work for the people of the Commonwealth, and that that work is 
appreciated by all who know anything of its nature. 

With the certainty that you continue to take an interest in the 
fisheries of the Commonwealth, and the feeling that you will never 
fail to manifest that interest when occasion may demand, 

I am yours sincerely, 

Oliver Ames. 

[Copy.] 
Harvard University, Cambridge, Mass., 
Dec. 7, 1889. 
To His Excellency Governor Ames. 

My Dear Governor Ames : — In acknowledging the receipt of 
your communication, in which you formally accept my resigna- 
tion from the Commission of Inland Fisheries, I wish to thank 
you for the kind words with which you accompany the official let- 
ter. You may feel sure that I shall watch the work of the commis- 
sion with great interest, and that I shall be ready to give it any 
aid in my power. 

With the hope that you will soon be restored to full health and 
strength, I remain, 

Faithfully yours, 

F. W. Putnam. 

Respectfully submitted, 

EDWARD A. BRACKETT. 
EDWARD H. LATHROP. 
ISAIAH C. YOUNG. 



26 



FISH AND GAME. 



u> 



ec, 



COMMISSIONERS ON FISH AND GAME. 



Commissioners. 



$170 


00 


231 


07 


$62 


50 


54 35 



E. A, Braekett, services, .... $950 00 
E. A. Braekett, expenses, . . . 84 51 



E. H. Lathrop, services, . 

E. H. Lathrop, expenses, 

F. W. Putnam, services, . 
F. W. Putnam, expenses, 



General Expenses 

Fish hatching- privilege, Winchester, 

Labor and material at Lawrence fishway 

Printing, 

Stationery, . 

Postage, 

Legal services, . 

Clerical services. 

Expressage, etc., 

Drawings of lobster box 

Lobster boxes, . 

Lobsters, . 

Plans of fishways, 

Lumber, 

Brushes, 

Magnifying glass, 

Hardware, etc , . 

Hire of steamer "Geo. W. Hunt," 

Teaming, . 

Labor, 

Wm. H. Mears, services, 

Bent of carp pond, . 

Bread, 

E. A. Braekett, deputy, services, . . $550 00 

E. A. Braekett, deputy, expenses, . . 65 06 



$1,034 51 



401 07 



116 85 



$50 


00 


86 


34 


103 


35 


16 80 


39 


85 


41 


77 


73 00 


3 


85 


8 


00 


66 


32 


24 


40 


48 


00 


27 


08 


1 


20 


1 


25 


81 


54 


138 41 


34 


12 


44 


00 


115 00 


10 00 


19 


25 



$1,552 4^ 



615 06 



1,648 59 



Amount carried forward, 



$3,201 02 



1889.] PUBLIC DOCUMENT - 


-No. 25. 




27 


Amount brought forward, 




$3,201 02 


Joint Hatchery at Livermore Falls. 






E. B. Hodge, services, .... . $458 


30 




Assistance, 










. 187 


35 




Freight, .... 










8 


38 




Express and teaming, 
Postage, .... 










12 

5 


00 
00 




Fish meat, .... 










34 


15 




Cutting ice, 










1 


25 




Insurance, .... 










4 00 




Twine, .... 










4 


00 




Cans, 










16 00 




Rent of land, 










25 


00 




Planting salmon, 










9 


00 




Brook trout, .... 










50 05 








814 48 


Shad Hatching Establishment, North Andover 




B. P. Chadwick, services, .... . $222 


00 




B. P. Chadwick, expenses, 








134 75 




Twine, etc., .... 








1 


95 




Expressage, .... 








6 


02 




Labor, 








90 


00 




Rent of land, 








50 00 












504 72 


Expenses of Steamer 


'Laurena. 


n 




Balance paid for steamer, . 




.f 1,100 


00 




Repairs, ..... 








366 


03 




Storing and launching, 








20 


00 




Supplies, 








191 


77 




Compass, log, and marine glasses, 








58 


00 




Findings, 








250 


06 




Boat, oars and anchor, 








20 


25 




Coal, 








79 


18 




Flags and rope, .... 








15 


24 




Geo. A. Evans, engineer, services, 








420 


00 




Geo. A. Evans, engineer, expenses, 








51 


57 




E. S. Martin, services, 








219 


00 




E. S. Martin, expenses, 








25 


93 




E. B. Thing, services, 








124 


00 




Advertising boats, 








6 


00 










2,947 03 







$7,467 25 



APPENDIX. 



[A.] 

Winchester, Oct. 1, 1889. 
To E. H. Lathrop, Commissioner on Inland Fisheries and Game. 

Dear Sir : — I reached home from Plymouth, N. H., whither I 
had accompanied you for the purpose of inspecting the hatchery 
at that place, July 18, at 10 p.m. I found that during my absence 
telegrams had been received, stating that there were large steamers 
in Buzzard's Bay, engaged in illegal fishing. Mrs. B., not being 
sure at what time I would return, had already telegraphed to Mr. 
Proctor to look after them. Knowing that he had not a sufficient 
force to cope with these steamers, I had an interview with Chief 
Wade as early as possible the next morning. Finding that he 
hesitated about detailing the number of men required, I at once 
communicated with the governor, who promptly requested the 
chief to see that the law was maintained. 

Mr. Wade accompanied his men to New Bedford, and on board 
the tugboat chartered for the purpose of looking after the steamers. 
Mr. Wade did as I should have done had I been in his place, — 
put the expedition under the charge of your officer, W. H. Proctor, 
whose knowledge of the sea and of this particular mode of fishing 
admirably fitted him for the position. The result was that two 
steamers were captured, the u A. T. Serrell " and the " Seaconnet," 
and taken to New Bedford. The steamers were libelled and 
bonded for $15,000, and the officers and crews brought before the 
court and convicted. 

It was supposed that this prompt action would prevent any 
further illegal fishing, but in this I was mistaken ; for instead of 
yielding, the officers of the steamers were defiant, and the captain 
of the " Joseph Church" was reported as threatening that no 
Massachusetts officer could board his boat, and live. 

Mr. Proctor reported to me in person, September 5, stating that 
a fleet of steamers had again entered Buzzard's Bay, and among 
them the "Joseph Church;" and that the State police were 
engaged at fairs and elsewhere where they were required, and he 
saw no way to get the necessary help. I went with him at once 
to the chief's office, and had his statement confirmed. The chief 
did not feel that he had a right to withdraw his men from the 
places to which they had been detailed. I again found it necessary 
to communicate with His Excellency the governor, whose prompt 



32 FISH AND GAME. [D 



ec. 



orders resulted in giving to Mr. Proctor ten officers selected for 
the work. With this force Mr. Proctor captured the steamer 
"Joseph Church," the captain and crew. They were taken to 
New Bedford, the steamer libelled and bonded for $20,000, and 
the captain and crew brought to court and convicted. Captain 
Church did not kill anybody, nor did he take the officers to Rhode 
Island, as he tried to do ; but his conduct was such that Mr. 
Proctor was compelled to put him and his mate in irons. 

Great credit is due to all the men who assisted in this work and 
to no one more than to Deputy Sheriff Hurley of Wareham, who 
was in the right place at all times. 

The parties were tried and convicted both at the preliminary 
examination and in the superior court, and the cases are now 
pending in the supreme judicial court on exceptions. 

Since the seizure of these steamers, Mr. Babson of Gloucester, 
president of the Fish Bureau, has published a remarkable letter,* 
sympathizing with and advising these marauders from another 
State, who knowingly and defiantly trampled on the laws of 
Massachusetts, to carry their case to the United States supreme 
court, and intimating that the weirmen of this State should 
co-operate with them. To this no one opposed to the weirs can 
object ; for, if the decision of the supreme court should be in the 
direction in which Mr. Babson is so confident that it will be, 
the weirs will be without authority, for they are now sustained by 
the laws of Massachusetts, under the supposition that she has a 
right to control her fisheries within the three-mile limit. 

Yours truly, 

E. A. Brackett, Deputy Commissioner.^ 

Babson vs. the United States Supreme Court. 
To the Editor of the " Standard." 

In event of a decision adverse to them, it may transpire that the 
menhaden men will consider the advisability of testing in the 
United States supreme court the jurisdiction of Massachusetts over 
the waters within her own limits, and her right to legislate for 
their protection. Such a course is recommended and avowed. 
This being so, the decision of that tribunal in the case of Smith 
vs. Maryland becomes very interesting reading at the present time. 
The case arose from the seizure by the Maryland authorities of a 

* See "Babson vs. United States Supreme Court," page 32. 

t Pending the reappointment of Mr. Brackett, he was appointed deputy by the 
Board, to assist in carrying on the work. 



1889.] PUBLIC DOCUMENT — No. 25. 33 

fishing craft, enrolled at the port of Philadelphia, and licensed by 
the United States to be employed in the coasting trade and fish- 
eries, for violating a State law relating to the taking of oysters in 
Chesapeake Bay. It may be found in 18 Howard, 71, and is 
entitled, " Isaac R. Smith, owner of the sloop 'Volant,' plaintiff 
in error, vs. the State of Maryland." According to the syllabus, 
the court held as follows : — 

The soil below the low-water mark in Chesapeake Bay, within the 
boundaries of Maryland, belongs to the State, subject to any lawful 
grants of that soil by the State or the sovereign power which governed 
its territory before the Declaration of Independence. But this soil is 
held by the State not only subject to, but in some sense in trust for, the 
enjoyment of certain public rights, among which is the common liberty 
of taking fish, as well shell-fish as floating fish. The State has a right 
to protect this fishery by making it unlawful to take or catch oysters 
with a scoop or drag, and to inflict the penalty of forfeiture upon the 
vessel employed in this pursuit. Such a law is not repugnant to the 
constitution of the United States, although the vessel which is forfeited 
is enrolled and licensed for the coasting trade under an act of Congress. 
Neither is it repugnant to the constitution, as interfering with the 
admiralty and maritime jurisdiction of the judicial power of the United 
States. Nor is the law liable to an objection that no oath is required 
before issuing a warrant to arrest the vessel. That clause of the consti- 
tution refers only to process issued under the authority of the United 
States. 

Associate Justice the Hon. Benjamin R. Curtis delivered the 
opinion of the court in this case, and among other things said : — 

The State holds the propriety of this soil for the conservation of the 
public rights of fishery thereon, and may regulate the modes of that 
enjoyment so as to prevent the destruction of the fishery. In other 
words, it may forbid all such acts as would render the public right less 
valuable, or destroy it altogether. . . . Our opinion is that so much 
of this law as appears by the record to have been applied to this case 
by the court below, is not repugnant to the clause of the constitution of 
the United States which confers on Congress the power to regulate 
commerce. 

How stands the fulmination of Captain Babson in the light of 
this record? This case came on in 1855, and the sloop people 
appeared holding in one hand a copy of the constitution of the 
United States, wide open at article I, section 8. In the other was 
brandished a United States license. Later on they learned that 
the constitution is not clothed with unlimited power, and that a 
United States license is not " supreme." 

It looks very, very much like a head wind and a head tide for 
the menhaden men. They had better drop anchor. 

Arthur Martin. 

Washington, Sept. 30, 1889. 



34 FISH AND GAME. [Dec. 



Report of Wm. H. Proctor, District Police. — Enforcement 

of Laws. 

Swa3ipscott, Nov. 20, 1889. 
Commissioners on Inland Fisheries and Game. 

Gentlemen : — As district police officer, detailed for the use of 
the commission, I respectfully submit the following report. 

Fish. 

My attention was called in the early part of the year to viola- 
tions of the smelt law at Weymouth and Hingham. After watch- 
ing nights for more than a week, I detected parties taking smelt 
in Weymouth River by the use of a seine, and brought them into 
court. I have also been called to Springfield, Grafton Centre, 
Hingham, West Medford and Winchester, on account of violations 
of the fish laws, and have brought the offenders before the courts. 
Assisted by the district police, I have seized three steamers, and 
arrested their captains and crews for violating the fish laws of 
Massachusetts, by seining in Buzzard's Bay. 

Lobsters. 

April 1, 1889, I sent to each lobster fisherman a blank, to be 
filled out by him with number of traps used and daily catch ; also 
a copy of the laws in relation to lobsters ; and at the same time 
forwarded blanks to the men using weirs, pounds and nets. I have 
inspected the coast in a small steamer the past summer, and spent 
a portion of the time in collecting, hatching and distributing 
lobsters. I found that nearly all the fishermen comply with the 
law in relation to egg-bearing lobsters, by immediately returning 
them alive to the water. The fishermen in the vicinity of Vineyard 
Sound, who in former years shipped thousands of small lobsters 
to New York in smacks, are now generally law-abiding citizens, 
and are finding large, marketable lobsters more plenty than before. 

There are more violations of the lobster laws in Essex County 
than in any other part of the State. Here some of the fishermen 
break off the tails of the small lobsters before they are landed 
from their boats, shock, and then sell the meat to beach houses 
and free-lunch saloons. It is almost impossible to get a convic- 
tion for this offence under the present law. An experienced eye 
can easily detect this, but it is difficult to prove it ; and so the 
defendant gets the benefit of the doubt. There is only a small 
percentage of the fishermen, however, who engage in this unlaw- 
ful traffic. 



1888. 




Nov. 


18. 


1889. 




Feb. 


5. 



1889.] PUBLIC DOCUMENT— No. 25. 35 

If there could be a law passed prohibiting the mutilation of live 
lobsters, it would be a great benefit. I spent a part of my time 
during the months of July, August and September in making 
investigations and experiments on the south side of Cape Cod. 
This place has heretofore been noted for its violations of the 
lobster laws. The prosecutions made here last year, the presence 
of the police boat this year in these waters, and, what is still 
better, a growing feeling of respect for the law among the lo 
fishermen, made it unnecessary to make any prosecutions for 
violations of the lobster laws. Such complaints as came to me 
from Massachusetts Bay, while stationed here, were referred to 
Deputy Commissioner B. P. Chadwick. 

The following is the list of persons arrested, and the results of 
the trials in court : — 



Thomas E. Stone of Swampscott, lobster law |20 and costs 



Frederick Johnson of Grafton Centre, violation of fish law. 
$20 and costs. 
23. Edward Russell of Winchester, violation of fish law. 81 and 
costs. 

March 20. Thomas Scanlon and Thomas Joyce of Lynn, mutual as. 
sault. 815 and costs each. 

April 13. Wm, Johnson and Cornelius Burke of Woburn, violation of 
fish law. cases filed on payment of costs. 
19. Louis Farrell of Hull, violation of smelt law. |60 and costs. 

June 15. Henry Cotton of West Medford, violation of fish law, 825 
and costs. 
15. Elihu B. Cross of West Medford, violation of fish law. §25 

and costs. 
15. Patrick O'Brien of Arlington, violation of fish law. S2- r j and 
costs. 

Sept. 16. Edward M. Dennis. George Corey, Frank E. Almy. Henry 
A. Rounds. Nathaniel D. Dennis, Frank 0. Grinnell, Benj. 
F. WilMe, Arthur Manchester, Edgar Grinnell, Jesse H. 
Wilcox, Leander McLane. Levi P. Martin. Antoine Carter, 
Rane Cathon, Sydney F. Geyer. George I. El dredge, 
Elisha F. Sisson. John Carlyle, Benj. F. Davenport. Sam'l 
M. Rose, Edward Gray. Newell McLane, Capt. Geo. L. 
Church. Philip D. Conway. Wrn. McDonald. Andrew J. 
Engley, of Tiverton : Wm E. Reed of Providence : Philip 
H. Gray of Xew Bedford: Xapoleon B. Rose of Block 
Island: Chas. H. Sisson. Frank A. Dennis, of Westport : 
Geo. H. Hamlin of South Carolina: Frank E. Weston of 
Bremen. Me. ; Alfred Waltz. Chas. L. Englev, Elmer K. 



36 FISH AND GAME. [Dec. 

Engley, of Waldoborough, Me. ; Nicholas Roach of New- 
foundland ; Melvin Bennett of Boothbay, Me. ; Chas. F. 
Leeman of Knightsville ; Herbert A. Brightman of South 
Westport; Joseph H. Leeman of Bristol. 
(The above forty -one men, for violation of the fish law, were fined 

$100 and costs each ) 

July 20. Steamers "A. T. Serrell" and "Seaconnet" were bonded 
fifteen thousand dollars. 

Sept. 9. Edward Hoffman of Springfield, violation of fish law, $25 
and costs. 
10. Steamer " Joseph Church," libelled and bonded for twenty 

thousand dollars. 
19. Charles L. Prescott, Geo. H. Thurber, of Quincy, and Sam'l 
Gregory of Weymouth, violation of smelt law, $850 each. 

Nov. 6. C.E.Gove of Nahant, mutilated lobsters, discharged; not 
marking lobster car, fined $10 and costs. 

The cases of the steamers, and the Prescott smelt case, have 
been tried in the lower courts and convicted, from which an 
appeal has been taken to the supreme court. 

Respectfully submitted, 

W. H. Proctor, District Police, 



Report of B. P. Chad wick. — Enforcement of Laws. 

Bradford, Oct. 20, 1889. 
Jo the Commissioners on Inland Fisheries. 

Gentlemen: — As one of your deputies, appointed to enforce 
the fish and game laws of the State, I submit the following report. 
Since March 1, I have made 36 seizures, and have had 34 persons 
brought before the courts. 

No. of persons convicted, 30 

No of persons discharged, 4 

The following list gives the names and place of residence, with 
the amount of fine, in each case : -— 

Total amount of fines and costs inrposed, . . . $723.60 
For violation of game laws : — 
March 9. J. E. Burns of Lowell, fined $20 and costs. 

13. Geo. H. Averill of Salem, fined $10 and costs. 

14. Geo C. Blauchard of Worcester, fined $20 and costs. 
27. Homans and Putnam of Haverhill, discharged. 

For violation of smelt law : — 
April 3. C. L. Jenkins of Worcester, fined $10 and costs. 

For violation of scallop law : — 
April 8. Arthur Eliott of Salem, fined $10 and costs. 

11. Geo. E. Deering of Worcester, fined $2 and costs. 






1889.] PUBLIC DOCUMENT — No. 25. 37 

For violation of lobster laws : — 
March 9. Grey Brothers of Lowell, fined $5 and costs. 

9. Wm. H. Sullivan of Lowell, fined $20 and costs. 
20. G. P. Cobb of Worcester, fined $15 and costs. 

20. Fisher & Warren of Worcester, fined $15 and costs. 

21. CM. Allen of Lowell, fined $20 and costs. 

29. Lothrop Clark of New Bedford, fined $15 and costs. 

29. A. F. Childs of New Bedford, fined $10 and costs. 

April 9. C. S. Oliver of Natick, fined f 15 and costs. 

23. I. H. Craig of Lawrence, fined $10 and costs. 
July 12. Fred Parsons of Gloucester, fined $25 and costs. 

17. Geo. S. Seeley of Beverly, fined $15 and costs. 

22. William Stopford of Beverly, discharged. 

22. Geo. S. Seeley of Beverly, fined $30 and costs. 

24. J. H. Barter of Beverly, fined $10 and costs. 

25. Fred Parsons of Gloucester, fined $135 and costs. 
29. William Stopford of Beverly, fined $10 and costs. 
31. R. S. Hewlett of Newburyport, discharged. 

Aug. 12. C. A. Skeels of Amesbury, fined $40 and costs. 

16. Charles Bailey of Ipswich, fined $10 and costs. 

16. William B. Joy of Ipswich, fined $10 and costs. 

16. James M. Flanagan of Grovel and, fined $10 and costs. 

21. W. B. Atkinson of Ipswich, fined $10 and costs. 

23. Geo. Reynolds of Fall River, fined $10 and costs. 

24. J G. Childs of New Bedford, discharged on payment of 

costs. 
24. W. A. Bassett of New Bedford, discharged on payment of 

costs. 
24. Lothrop Clark of New Bedford, discharged. 
Sept. 9. Charles Bagley of Salisbury, fined $10 and costs. 

In the month of March I made several seizures of hares, rabbits 
and gray squirrels, from dealers offering the same for sale in the 
close season. As this was the first attempt that has been made 
by me to enforce the law of 1886, I thought it best to make but 
one complaint in each city where the seizures were made, hoping 
one example would be sufficient to warn other dealers that the law 
would be enforced. The result was as expected, and there was an 
immediate closing of the traffic. The parties complained of were 
convicted and fined, with one exception ; this case occurred in 
Haverhill, and terminated with such an interpretation of the law 
as leads me to report the particulars. The party was charged in 
the complaint with offering eight hares for sale in the close season. 
The defendant pleaded not guilty, and testified in the case, admit- 
ting the possession, the offering for sale, and the seizing of the 
hares by the complainant ; but pleaded ignorance of the law, and 
claimed to be unable to see why he should be complained of when 



38 FISH AND GAME. [D 



ec. 



others had been permitted to sell. The court ruled that the object 
of the close season for the sale of hares was to prevent the killing 
of them in the month of March ; and, as the defendant was not 
charged with the killing, or even supposed to have killed the hares, 
he should discharge him, — thus ruling that the defendant should 
be discharged for one offence, on the ground that he had not been 
a party to the committing of another. I was amused, as well as 
surprised, at this method of reaching a verdict. 

As regards the violation of the lobster laws, there has been 
quite an improvement this season in the business of selling small 
ones by the retail dealers, and a large majority refuse to allow 
them on their premises. Some of the catchers and wholesale 
dealers still endeavor to force them upon the market, and in sev- 
eral instances they have paid the fines put upon the retail dealers. 
This has had a tendency to make them more careful as to the 
measure of the lobsters when sent to market. As the object of 
the law becomes more fully understood, the less complaint there is 
when it is enforced ; and, as nearly all the retail dealers find it 
difficult at times to get a supply of lobsters, they realize and freely 
admit that something must be done to protect them, or the end of 
the traffic will soon be reached. Small lobsters are frequently 
used by those engaged in the catching of dinners, as they make a 
cheap bait, and one that is lasting. The owners of the vessels 
visit the catchers every few days, to purchase, the catcher having 
previously secured the same, and deposited them in a sunken car 
or box, safely anchored with a buoy attached. He thus runs but 
little risk in delivering them, as he knows his customers, and the 
business is transacted miles away from the land. Should the 
officer by any chance find such a deposit, all he can do is to 
liberate the lobsters, as it is next to an impossibility to prove the 
ownership of such contraband goods. We are glad, however, to 
know that a large majority of the catchers condemn this practice, 
and this kind of traffic is confined to the few. Sometimes a 
catcher is so unwise as to use small lobsters as an article of bait 
for his traps, never for a moment stopping to consider the amount 
of injury he is doing to his own business, but comforts himself 
with the thought, " You little fellows will not trouble my trap any 
more," — a system of reasoning which will prove too true. As a 
remedy for this evil, all traps found baited with small lobsters 
should be destroyed. The practice of shocking small lobsters for 
use at the beach houses and saloons is on the decrease. This is a 
positive injury to those who engage in it. This work is confined 
to the very lowest class of the catchers, and no person who has 
any regard for the prosperity of the lobster industry would engage 



1889.] PUBLIC DOCUMENT -No. 25. 39 

in it. The killing of a dozen eight-inch lobsters for the sum of 
twenty cents is an offence for which a person should be severely 
punished. One of this class of offenders was brought before the 
court this season, and fined $135. 

The increasing demand, in connection with the advance in price, 
has induced a large number of fishermen that have hitherto been 
engaged in the taking of other fish to try their hand in the business 
of catching lobsters ; and the result is, there are too many traps 
for what is considered as good fishing ground. A location that 
may be fairly fished by the service of fifteen hundred traps, is sure 
to be overfished when the addition of one thousand traps are used 
upon the same ground. The increase in the number of traps is 
often a source of bitter complaint among the fishermen. A person 
who has fished in a certain location for a long term of years 
frequently claims the ground as his own, and, when traps are set 
in the immediate vicinity of his, by another party, he objects ; but 
the traps are set just the same, and so near each other that they 
frequently get mixed, notwithstanding the marks upon the buoys 
attached to the traps. Several complaints have reached me of 
parties tending, pulling and even stealing each other's traps. I 
have taken no action in regard to such complaints, but have left 
the fishermen to settle this unnecessary trouble among themselves. 

An investigation of the lobster industry leads to many inquiries. 
If the free importation of cattle for breeding purposes, to the 
amount of $400,000 annually, is of sufficient importance to interest 
the whole agricultural community, why should not the importation 
of 3,600,000 cans of preserved and 4,000 tons of fresh lobsters, at 
an annual expense to the consumers of $550,000, receive that con- 
sideration that shall awaken an interest as regards the home source 
that we may be forced to look to, in order to fill the deficiency 
that is being felt by the rapidly decreasing foreign supply ? That 
the foreign fishing grounds cannot stand the present strain put 
upon them, is evident from the fact that last season witnessed the 
closing of nearly thirty per cent, of the canning factories, for 
want of a supply of that class of lobsters that are used for canning 
purposes. The returns show that, notwithstanding the efforts of 
8,450 men, with a service of 378,500 traps, there was a deficiency 
in the canning department of 2,500,000 cans, as compared with 
the previous year, making a shortage in the division of the cash 
receipts to those engaged in the business of $225,000 ; or, in other 
words, a falling off in the catch to the enormous number of six 
millions of lobsters. In order that I maybe more fully understood 
in regard to the size of the lobsters caught and used in canning, 
I may say that in 1880 it required the meat of three lobsters, on 



40 FISH AND GAME. [Dec. 

an average, to fill a one-pound can ; in 1888 the average had been 
carried up, by overfishing, so that it required the meat of six to 
fill a one-pound can. With this fact in view, we may all cease to 
wonder at the closing of the canning establishments mentioned, 
and fairly ask ourselves if this condition of a once prosperous 
industry does not present a warning that the lobster fishermen of 
Massachusetts may do well to heed. 

Previous to this, the question with our Legislature, in the enact- 
ing of laws in reference to the lobster fisheries, has been, "How 
shall we regulate a legitimate occupation?" The rapid falling off 
in the catch of sizable lobsters certainly indicates that the reckless 
destroying of the young, unless stopped, is soon to change the 
question to " How shall we manage a ruined industry ? " A careful 
consideration of the subject cannot fail to lead to the conclusion 
that the decimated condition of the lobster industry is such that 
our legislation upon the subject at present should be for its preser- 
vation and extension, regardless of the selfish interest of a few 
fishermen. 

Respectfully yours, 

B. P. Chad wick, Deputy Commissioner. 



Report of Francis Pease. — Enforcement of Laws. 

Brockton, Nov. 26, 1889. 

To the Commissioners on Inland Fisheries. 

Gentlemen : — I respectfully submit the following report, giv- 
ing a full account of the results of my efforts in enforcing the 
lobster law, for the season of 1889 : — 

No. of seizures made, ......... 50 

No. of persons brought before the courts, 50 

No. of persons convicted, ......... 43 

No. of persons discharged, 7 

The following is the list of names, with place of residence, of 
the parties complained of, with the amount of fine in each case : — 

March 12. McKay & Stimson of Brockton, fined $100 and costs. 

April 6. Patrick Curran of Brockton, fined $10. 

12. Charles B. Higgins of Whitman, fined $15 and costs. 

12. William N. Chapman of Whitman, fined $5 and costs. 

15. Enoch W. North of Blackstone, discharged. 



1889.] PUBLIC DOCUMENT — No. 25. 41 

April 29. William Manley of Boston, fined $5 and costs. 

May 7. Theoj)hims Hopkins of Boston, fined $5 and costs. 

7. Edward T. Gay of Boston, fined $20. 

15. Edward T. Gay of Boston, fined $10. 

15. Edward W. Ryan of Boston, fined $30 and costs. 

15. John P. Rich of Boston, fined $15 and costs. 

16. Josiah C. Atwoocl of Boston, fined $10 and costs. 
16. Edward R. Perry of Boston, fined $5. 

16. Edward R. Perry of Boston, fined $20. 

16. James C. Parmer of Boston, fined $10. 

16. William G. Todd of Boston, fined $5. 

16. Thomas OTlaherty of Boston, fined $5. 

17. Joseph W. Gill of Boston, fined $5. 

17. William Youmans of Boston, discharged. 

17. Rosco A. Carlow of Boston, fined $5. 

17. human H Hayden of Boston, fined $5 and costs. 

17. Alfred Billetdeaux of Boston, fined $5. 

21. John H. McLelland of Boston, fined $10. 

21. George W. French of Boston, fined $5. 

21. Russell Barr of Boston, fined $10. 

22. William Youmans of Boston, discharged. 

23. Joseph Woods of Boston, fined $10 and costs. 

24. Fred Shaw of Boston, fined $5 and costs. 

24. George E. Newton of Boston, fined $5 and costs. 

June 3. Richard H. Cuteliffe of Boston, fined $15. 

3. Obed C. Parker of Boston, fined $15. 

3. John Dewise of Boston, discharged. 

3. James G. Taylor of Boston, fined $10. 

4. Abram Frisbie of Boston, fined $5. 
4. Daniel Keating of Boston, fined $10. 

4. Enos B. Keep of Boston, fined $10. 

5. Joshua Y. Newcomb of Boston, fined $10. 

5. Rosco A. Carlow of Boston, fined $5 and costs. 

5. Joseph W. Gill of Boston, fined $5 and costs. 

5. William Youmans of Boston, discharged. 

6. William C. Colgate of Boston, fined $5 and costs. 

7. Frank P. Haskard of Boston, fined $10. 
7. Fred J. Hopkins of Boston, fined $5. 

10. Alfred O. Lucia of Boston, fined $10. 

10. James Ralph, Jr., of Boston, discharged. 

10. David Keating of Boston, fined $5. 

10. Robert H. Sanderson of Boston, discharged. 

11. Luman H. Hayden of Boston, fined $5. 

18. Thomas Atwood of Plymouth, fined $10 and costs. 
Aug. 9. Henry C. Philips of Brant Rock, fined $50 and costs. 

For violation of smelt law : — 
March 16. Nehemiah C. Newcomb of Brockton, discharged. 
16. Elijah Hamilton of Brockton, discharged. 



42 FISH AND GAME. [D 



ec. 



At the markets in Boston, where lobsters were seized, all of the 
small ones were not taken, only a sufficient number to remind the 
dealers that the law would be enforced. 

Respectfully yours, 

Francis Pease, Deputy Commissioner. 



Rockport, Dec. 10, 1889. 

Commissioners on Inland Fisheries and Game. 

Gentlemen : — I herewith submit my report as deputy com- 
missioner for the year 1889 : — 

For violation of lobster laws : — 

Alonzo Page of Salem, fined $30 and costs. 

Charles Thompson of Gloucester, fined .... 25 and costs. 

Henry Madden of Gloucester, fined .... 25 and costs. 

Peter Hanson of Gloucester, fined 30 and costs. 

$110 

John Long and Dudley Joice of Boston, convicted in lower courts, 
appealed ; case now pending in higher court. 

Respectfully submitted, 

Geo. W. Blatchfokd, Deputy Commissioner. 



1889.] PUBLIC DOCUMENT — No. 25. 43 



[B.] 



Report of B. P. Chad wick. 

Bradford, Oct. 20, 1889. 
Shad. 

To the Commissioners on Inland Fisheries. 

Gentlemen : — I respectfully submit the following report, show, 
ing the full details of the work of hatching shad at North Andover 
for the season of 1889. The hatchery was opened June 17 and 
closed July 5. 

Number of shad taken, 98 

Number of shad given away, 50 

Number of shad returned to river alive, 48 

Number of salmon taken, 55 

Number of salmon returned to river alive, .... 55 

Estimated number of spawn taken, 700,000 

Estimated number of shad hatched, 625,000 

The shad appeared in the Merrimac this season the first of May, 
fully three weeks earlier than last year. I w T as not able to com- 
mence the work of hatching as soon as I intended, being detained 
in the work of constructing hatching-boxes, and assisting in hatch- 
ing lobsters, until the 17th of June, and in consequence lost a 
week of the best part of the spawning season. There was a 
steady run of fish during the short time we were engaged in the 
work. The weather was favorable, with an even temperature of 
water, and a larger percentage of the spawn was hatched than in 
previous seasons. Of the number hatched, 320,000 were delivered 
to the fish commissioners of New Hampshire, and turned into the 
Merrimac, near Manchester; 30,000 to J. M. Fowle of Westport ; 
35,000 to Mr. Foss of Rowley ; the balance, 240,000, were turned 
into the Merrimac at North Andover. The run of salmon shows a 
large increase from last season ; 55 were taken in sixteen nights' 
fishing this season, while 51 were taken in thirty-one nights in the 
season of 1888. 

The following table will show the number of large shad taken 
each day, the proportion of males to females, the temperature of 



44 



FISH AND GAME. 



[Dec. 



the water and air at 7 p.m., the time of drawing the seine, also 
the number of shad taken at each sweep : — 





a 








o 


60 


si 

in 




rH 






£ £ 


* **. 




2 d 




O 






3 £ 




U 


o a> 




0) S 

is 


5 

OS 


0) 

■1 


1*1 


SB 03 

A ■- 




3 53 

3 ft 




"A 


S 


£ 


H 


£h 


H 


fe 


June 17, 1889, . 


5 


3 


2 


73 


64 


9, 


5 


18, . 






15 


10 


5 


71 


60 


8,9, 


7,8 


19, . 






11 


6 


5 


70 


52 


7,8,9, 


6,5,0 


20, . 






10 


2 


8 


72 


64 


8,9, 


5,5 


21, . 






3 





3 


74 


68 


8,9, 


2,1 


22, . 






6 


2 


4 


74 


60 


9,10, 


0,6 


24, . 






4 


2 


2 


73 


60 


8,9, 


0,4 


25, . 






4 


2 


2 


74 


58 


8,10, 


4,0 


26, . 






8 


3 


5 


72 


64 


8,9, 


3,5 


27, . 






4 


1 


3 


74 


60 


8,9, 


1,3 


28, . 






2 





2 


76 


65 


7,8, 


0,2 


29, . 






o 
O 





3 


76 


66 


8,9, 


0,3 


July 1, . 






5 


3 


2 


76 


66 


8,9, 


1,4 


2, . 






4 





4 


77 


70 


8,10, 


3,1 


3, . 






9 


2 


7 


75 


71 


8,9, 


6,3 


5, . 






5 


2 


3 


74 


72 


8, 


5 



While engaged in the work, information reached me that the 
fishermen at the mouth of the river were taking large numbers of 
young shad, and selling them as bait. I had supposed the fisher- 
men were keeping their part of the contract in good faith, and? 
when fishing for menhaden, if they caught shad, returned them to 
the river. I investigated the matter, and found seven men, with 
boats and seine, with about nine barrels of fish, consisting of 
alewives, young shad, and what fishermen call blue-backs, and not 
a single menhaden in the catch. I sent samples of them to you by 
express. This was on the 25th of June. The menhaden did not 
come into the Merrimac until the first of July. There was a large 
run of them in July and August, and more than a thousand barrels 
were taken and sold, for bait. The practice of using young shad 
and alewives for bait, in the absence of menhaden, is poor 
economy, and should be discontinued. There can be no question 
but that the annual taking of so many young shad at the mouth of 
the river has been a serious hinderance in the efforts to restock the 
river. It is well known that these fishermen have been granted 
privileges not allowed elsewhere, and it is certain that the fisheries 
of this river are greatly damaged by the abuse of these privileges, 
the continuance of which should be abated. 

Respectfully yours, 

B. P. Chadwick, Deputy Commissioner. 



1889.] 



PUBLIC DOCUMENT — No. 25, 



45 



[C] 
Distribution of Trout Fry. 

We received, as our share of trout spawn from the works at 
Plymouth, N. H., 350,000 eggs, the fry from which were dis- 
tributed in April and May as follows : — 



Worcester County! 
Francis B. Joy, Fitchburg. 

E. S. Merrill, Winchendon. 
Stillman Russell, East Douglas. 
Chas. V. Dudley, Whitinsville. 
C. H. Kimball, Worcester. 
Geo. McAleer, Worcester. 

W. R. Albertson, Worcester. 

F. L. Wheaton, Worcester. 
S. H. Coe, Worcester. 

L. L. Clark, Royalston. 
C. W. Bates, Phillipston. 
J. W. Barnes, Petersham. 
K W. Frost (for club), Athol. 

Hampden County. 
Sydney Harrock (for club), West- 
field. 
North Branch Club, Springfield. 
South Branch Club, Springfield. 
R. J. Hamilton, Springfield. 
M. V. B. Edgerly, Springfield. 
M. W. Bull, Springfield. 
E. A. Lavigne, Springfield. 
C. L. Goodhue, Springfield. 
H. H. Patten, Springfield. 
Henry Hack, Springfield. 
N. S. Chandler, Springfield. 
Frank H. Fuller, Springfield. 



Berkshire County. 

W. H. Little, Shefiield. 

T. L. Smith, Sheffield. 

Lewis L. Jenkins, Great Barring- 
ton. 

Dr. Sam'l Camp, Great Barring- 
ton. 

J. H. Manning (club), Pittsfield. 

Wm. Martin, Lanesborough. 

L. B. Moore, Tyringham. 

C. N. Foote, Lee. 

Hampshire County. 

E. E. Dewey, Haydenville. 
H. G. Hill, Williamsburg. 
Hon. B. P. Owen, Easthampton. 
John Mayher, Easthampton. 

Franklin County. 

W. J. Bell, Shelburne Falls. 
E. C. Hawkes, Charlemont. 
C. A. Hawkes, Charlemont. 
L. Thatcher, Charlemont. 

Middlesex County. 

Frank Cass, Holliston. 
L. Rawson, Holliston. 
C. E. Spring, Holliston. 



46 



FISH AND GAME. 



[Dec. 



Distribution of Irout Fry — Concluded. 



Middlesex County — Con, 
Myron Whitney, Ashby. 
Nath'l P. Jones, Melrose. 
Jas. O. Parker, Methuen. 

Suffolk County. 
N. F. Mayo, Revere. 

Essex County. 
Henri N. Woods, Gloucester. 
Harry Raymond, Peabody. 
Kendall Carter, Danvers. 

Norfolk County. 
R. B. Forbes, East Milton. 



Edmund Sumner, City Mills. 
Geo. A. Crooks, South Franklin. 
Theodore A Dodge, Brookline. 
A. E. Lincoln, West Stoughton. 
Win. Levering, Highlandville. 

Bristol, Plymouth and Barnstable 

Counties. 
Wm. Luther, Attleborough. 
C. C. Peck, North Attleborough. 
Horatio Adams, Kingston. 
John A. Loring, West Barnstable. 
Edwd. Bangs, Wareham. 



Carp. 
Carp were distributed this year as follows : 
Pond, North Attle 



Joseph E 
borough. 
W. F. Boyd, North Attleborough. 

Richards, North Attleborough. 

C. C Peck, North Attleborough. 
O. B. Titus, North Adams. 



H. N. Woods, Gloucester. 
N. Clark, Paxton. 
W. W. Leach, Palmer. 
Wm. Prior, Boston. 
Lyman Dyke, Stoneham. 



1889.] PUBLIC DOCUMENT — No. 25. 47 



[D.] 



Northampton, Mass., Dec. 7, 1889. 

To the Honorable Board of Massachusetts Commissioners on Inland 
Fisheries and Game. 

Gentlemen: — At the suggestion of your commission, we sub- 
mit the following report of the progress our association has made 
in establishing a plant for the propagation and breeding of brook 
trout. 

Our association was organized Aug. 31, 1889, as the Hampshire 
Trout Breeding Association, its object being to encourage the 
propagation and breeding of brook trout, for the purpose of stock- 
ing the brooks in this county, of which we have many that are 
especially well adapted for this purpose, having clear running 
spring water, unpolluted by the wash and drainage of mills and 
factories. 

The association numbers at this time about 150 members, resi- 
dents of Northampton, Easthampton, Williamsburg, Hadley and 
Goshen ; and the following is the list of officers for the present 
year : — 

E. C. Davis, President. 
Dana Pearson, Secretary and Treasurer. 

H. E. Maynard, A. F. Nutting, J. E. Riley, H. H. Chilson, Lewis 
Parsons, Executive Committee. 

Before commencing active operations, we invited the chairman 
of your Board to visit and examine the brook and locality where 
we proposed to locate our hatching house and breeding ponds. 
The location met with his approval, and we have taken a five years' 
lease of the brook and adjoining land. This brook is known as 
the Phelps Brook, and is situated in the westerly part of North- 
ampton, on the farm of Spencer Parsons, and is fed by large 
springs rising but a short distance above our hatching house. We 
have completed a house, 25 by 14 feet, for hatching purposes, with 
a capacity for eighty trays of the standard size used at the State 
hatching establishment at Winchester. The ponds for feeding 



48 FISH AND GAME. [Dec, 

and growing the small fry will be completed in the spring, in time 
to receive the fish from the hatching house. It is proposed to 
grow them at least two inches in length, before distributing them 
in the streams. 

Arrangements have been made with Mr. Marshall McDonald, 
United States fish commissioner, for 25,000 eggs, and they are 
ready for shipment upon notice from us. We also hope to receive 
a consignment from the State hatching establishment. 

We are under special obligations to Mr. E. A. Brackett, of the 
State fish commission, for the interest he has shown in our enter- 
prise, as well as the valuable suggestions and information received 
from him at different times in regard to details of construction and 
arrangement. 

Respectfully submitted, 

E. C. Davis, President. 
Dana Pearson, Secretary, 



Berkshire Trout-hatching Club. 

Great Barrington, Mass., Dec. 11, 1889. 
Hon. E. H. Lathrop, Springfield, Mass. 

Dear Sir: — In response to your favor of December 9, I will 
state briefly the progress we have made, as well as the aims of our 
club. 

Our hatchery is located on the side of a mountain, about one 
hundred and fifty feet from its base. It was built this year, 
under the direction of the man who is now in charge, and who 
thoroughly understands his business, he having been at the Cale- 
donia State hatchery for a number of years. 

The water supply comes from a spring about one hundred feet 
above the hatchery, and the quantity is sufficient to fill a six-inch 
pipe, the flow being constant the year round. It is remarkable 
for its purity. The normal temperature is forty-eight degrees, and 
it does not vary more than one degree in either winter or summer. 

The stream, after leaving the hatchery, passes through a gorge, 
where the ponds have been formed by building log dams, from 
forty to sixty feet in length. The depth of the water is from 
eight to fourteen feet. 

The ponds, four in number, are all well stocked with trout, 
varying in weight from one ounce to three and a half pounds, 
being sorted in the several ponds according to size. Besides these, 



1889.] PUBLIC DOCUMENT — No. 25. 49 

we have a spawning pond with a spawning race, also three large 
nursery ponds or races, built in such a way that the amount of 
water admitted to them is perfectly controlled. 

This year we have collected over 100,000 spawn, which are now 
in the hatchery, and are developing rapidly. Up to this time we 
have not found over four per cent, of sterile spawn. We lost 
only two trout after stripping them. Another year we will have 
enough spawn to fill our hatchery, which has a capacity of 500,000 
fry. 

The purposes of the club are to restock the streams of Berk- 
shire, making arrangements with the owners of the property 
through which the streams pass to protect them from unlawful 
fishing, and to lease some of the depleted streams, stock the same, 
and prohibit fishing for at least four years. 

The location of our ground and the supply of water is such 
that, with a moderate amount of money expended, the capacity 
could be increased to any desirable extent. 

Trusting this will give you the information you desire, 

I remain, yours truly, 

Sam'l Camp. 



50 FISH AND GAME. [Dec. 



[E.] 

LEGISLATION 



[Chap. 109.] 



An Act for the further protection, preservation and propa- 
gation OF LOBSTERS. 

Be it enacted, etc., as follows : 

Section 1. Whoever during any season of the year catches or 
takes, and whoever has in his possession in this Commonwealth, 
with intent to sell, any female lobster bearing eggs, shall be 
punished for each offence by a fine of not less than ten nor more 
than one hundred dollars, or by imprisonment in the house of 
correction for not less than one nor more than three months : pro- 
vided, Jwicever, that a person catching and taking any such lobster 
and immediately returning it alive to the waters from which it was 
taken, shall not be subject to such penalt} 7 ; and provided, also, 
that this act shall not apply to lobsters spawning in lobster cars, 
if they are immediately returned alive to the waters as aforesaid. 

Sect. 2. The provisions of sections seventy-three, seventy-four 
and seventy-five of chapter ninety-one of the Public Statutes shall 
hereafter apply to the owner of any lobster trap or other contriv- 
ance for catching lobsters. 

Sect. 3. All cars or other contrivances used for keeping lob- 
sters shall have the name and residence of the owner or owners 
legibly marked thereon, under the penalty prescribed in section 
sevent3 7 -five of chapter ninety-one of the Public Statutes. 

Sect. 4. The commissioners on inland fisheries may occupy 
and use any small estuaries or creeks within the Commonwealth, 
not exceeding six in number, for the purpose of scientific investi- 
gation of the habits of lobsters and the propagation and distribu- 
tion of. the same : provided, that such occupation and use shall not 
impair the private rights of any person nor materially obstruct any 
navigable waters. Notice of such occupation shall be conspicu- 
ously posted and maintained by said commissioners at the nearest 



1889.] PUBLIC DOCUMENT — No. 25. 51 

points to said estuaries and creeks, and shall also be recorded in 
the registry of deeds in the county where the same are situated. 

Sect. 5. Whoever, after the posting and recording of such 
notice, catches or takes any lobster from any estuary or creek so 
occupied as aforesaid shall be punished as provided in section one 
of this act. 

Sect. 6. Said commissioners may expend a sum not exceeding 
two thousand dollars for the purposes specified in section four of 
this act. 

Sect. 7. All acts and parts of acts inconsistent herewith are 
hereby repealed. 

Sect. 8. This act shall take effect upon its passage. [Approved 
March 13, 1889. 



[Chap. 292.] 

An Act to extend the time for the taking of fish in north 

river in the county of plymouth. 

Be it enacted, etc., as follows : 

Section four of chapter forty-four of the acts of the year eigh- 
teen hundred and eighty-one is hereby amended by striking out 
the word u June", in the fourth line of said section, and inserting 
in place thereof the word : — July, — so as to read as follows : — 
Section 4. It shall be lawful for the inhabitants of the several 
towns on North river to take fish on Mondays, Wednesdays and 
Fridays of each week, from April first to July first inclusive, of 
each year, with ten seines only in the manner following, to wit : — 
The towns of Norwell, Scituate and Pembroke shall each have the 
right of disposing at public auction for their own benefit, of the 
privilege of catching fish with two seines only, and the town of 
Marshfield the right of disposing at public auction for their own 
benefit, of the privilege of catching fish with four seines only, in 
the river aforesaid. [Approved May 3, 1889. 



[Chap. 78.] 

An Act to regulate the taking of fish in certain streams 

within the limits of the town of randolph. 

Be it exacted, etc., as follows : 

Section 1. The town of Randolph may, at any legal meeting 
called for that purpose, make regulations not inconsistent with the 
provisions of the general laws of the Commonwealth concerning 
the taking of alewives, shad and smelts in the Blue Hill river, and 
the Noraway river and its branches, and all the streams flowing 



52 FISH AND GAME. [Dec. 

into Great pond and into Monatiquot river, within the limits of 
said town, or concerning the disposal of the privilege of taking 
the same, for its own use and benefit. 

Sect. 2. Said town shall, at its annual meeting in April in the 
year eighteen hundred and eighty-nine, and in each year there- 
after, choose three discreet persons by ballot, whose duty it shall 
be to inspect said rivers and streams, to cause the regulations 
respecting said fishery to be carried into effect and to prosecute 
all violations thereof. 

Sect. 3. Whoever takes from said rivers or streams any of 
said fish in violation of the provisions of said regulations shall 
forfeit for each fish so taken not more than ten dollars nor less 
than one dollar, one half of said penalty to be paid to the com- 
plainant and the other half to said town. 

Sect. 4. The district court of East Norfolk is hereby given 
primary jurisdiction of offences under this act. 

Sect. 5. The commissioners on inland fisheries shall have, 
with regard to said rivers and streams, the general powers and 
authority conferred upon them by chapter ninety-one of the 
Public Statutes of the Commonwealth. 

Sect. 6. This act shall take effect upon its passage. [Approved 
March 6, 1889. 

[Chap. 179.] 
An Act to repeal an act to preserve the eel fisheries in 
herring river and its tributaries in the toavn of well- 
FLEET. 

Be it enacted, etc. , as follows : 

Section 1. Chapter forty-two of the acts of the year eighteen 
hundred and seventy-seven, being an act to preserve the eel fish- 
eries in Herring river and its tributaries in the town of Wellfleet, 
is hereby repealed. 

Sect. 2. This act shall take effect upon its passage. [Approved 
March 29, 1889. 

[Chap. 202.] 

An Act to authorize the selectmen of the town of bourne 
to sell the right to take alewives in said town at public 

AUCTION. 

Be it enacted, etc., as follows : 

Section 1. The selectmen of the town of Bourne may annually 
sell at public auction the right to take alewives in the Herring 
river in said town, instead of appointing a person or persons to 
take the same as now provided by law. 

Sect. 2. This act shall take effect upon its passage. [Approved 
April 3, 1889. 



1889.] PUBLIC DOCUMENT — No. 25. 53 

[Chap. 354.] 
An Act to authorize the leasing of tisbury great pond. 

Be it enacted, etc., as follows : 

Section 1. The commissioners on inland fisheries or any two 
of them may in the name of the Commonwealth lease, for a term 
not exceeding eleven years, the pond known as and called Tisbury 
Great pond, in the county of Dukes county, and any of the arms, 
coves and bays connected therewith, for the purpose of cultivating 
useful fishes, for such periods of time and on such terms and con- 
ditions as may seem to them most for the public good : provided, 
that nothing herein shall impair or abridge the right of any citizen 
of the Commonwealth to take fish in said pond or the waters con- 
nected therewith, by hook and line, at such times and under such 
restrictions and limitations as are permitted under* any laws of the 
Commonwealth now or hereafter to be enacted relating to the 
taking of fish by hook and line. 

Sect. 2. Before making such lease the commissioners shall 
appoint a time and place for a hearing upon the application there- 
for, and shall give notice thereof to all the towns within whose 
limits any part of said pond lies. 

Sect. 3. Towns within whose limits any part of said pond lies 
may, for the purpose of cultivating useful fishes and under such 
conditions and restrictions as they may prescribe, take a lease of 
said pond and appropriate money therefor. 

Sect. 4. The commissioners may fix the limits of the said 
pond, and the arms, coves and bays connected therewith ; which 
limits, being recorded in the registry of deeds for said count}', 
shall be taken to be the legal limits thereof for all the purposes of 
this act. 

Sect. 5. The commissioners shall have the custody of all such 
leases, and may cause any agreements, rights, reservations, for- 
feitures and conditions therein contained to be enforced, and for 
that purpose may institute proceedings in the name of the Com- 
monwealth, and may take possession of any premises for breach 
of condition of such lease, and after revesting the Commonwealth 
therewith may again lease the same. 

Sect. 6. This act shall take effect upon its passage. [Approved 
May 21, 1889. 

[Chap. 383.] 
An Act to authorize the flowage of land for the pur- 
poses OF FISH CULTURE. 
Be it enacted, etc., as follows: 

Any owner or lessee of lands or flats situated in the county of 
Barnstable, appropriated or which he desires to appropriate to the 



54 FISH AND GAME. [Dec. 

culture of useful fishes, may erect and maintain a clam across any 
stream for the purpose of creating or raising a pond for such fish 
culture, upon the terms and conditions and subject to the regula- 
tions contained in chapter one hundred and ninety of the Public 
Statutes, so far as the same are properly applicable in such cases : 
provided, however, that nothing herein contained shall authorize 
the erection or maintenance of a dam across any navigable stream 
within said county without a license obtained therefor from the 
board of harbor and land commissioners, in accordance with 
and subject to the provisions of chapter nineteen of the Public 
Statutes. [Approved May 28, 1889. 



[Chap. 391.] 

An Act authorizing cities and towns to prohibit the taking 
of eels and shell-fish. 

Be it enacted, etc., as follows: 

Section 1. Section sixty-eight of chapter ninety-one of the 
Public Statutes is hereby amended by adding after the word 
" regulate " in line three of said section the words : — or prohibit, 
— so that the said section shall read as follows : — Section 68. 
The mayor and aldermen of cities and the selectmen of towns, 
when so instructed by their cities and towns, may control and 
regulate or prohibit the taking of eels, clams, quahaugs, and 
scallops within the same, including ponds which are now or may 
hereafter be leased by the commissioners ; and may grant permits 
prescribing the times and methods of taking eels and the shell-fish 
above named within such cities and towns, and make such other 
regulations in regard to said fisheries as they may deem expedient. 
But any inhabitant of the Commonwealth, without such permit, 
may take, from the waters of his own or any other city or town, 
eels and the shell-fish above named for his own family use ; and 
may take from the waters of his own city or town any of the shell- 
fish above named for bait, not exceeding three bushels, including 
shells, in any one day, but subject nevertheless to the general 
rules prescribed by the mayor and aldermen and selectmen 
respectfully as to the times and methods of taking such fish. Noth- 
ing herein contained shall be construed as allowing the taking of 
any kind of fish in violation of section thirty-four or thirty-five. 

Sect. 2. This act shall take effect upon its passage. [Approved 
June 3, 1889. 



1889.] PUBLIC DOCUMENT — No. 25. • 55 

[Chap. 335.] 

An Act to incorporate the proprietors of the new matta- 

kessett creeks. 
Be it enacted, etc., as follows : 

Section 1. Charles F. Dunham, Samuel Pent, Cornelius Ripley, 
John L. Mayhew, Watson C. Clark, Oliver M. Vincent, Ralph 
Cleveland, Isaac D. Pease, Henry Smith, Benjamin G. Collins, 
Clarence H. Collins, Thomas Smith, Walter S. Osborn, Caleb 
H. Hobart, Tristram Cleveland, Charles Vincent, Arthur C. Vin- 
cent, George G. Cleveland, William G. Vincent, Benjamin W. 
Pease, David B. Pease, Charles M. Pease, Joseph Gray, George 
A. Smith, Elisha M. Smith, Elijah B. Vincent, Allen P. Stewart, 
Alfred Stewart, Seth Vincent, Oliver D. Waight, Grafton H. 
Smith, Charles G. W. Dunham, William F. Jernegan, Alexander 
Jernegan, Thomas E. Norton, Frank B. Hobart, Charles Mayhew, 
Richard E. Norton, Henry M. Cleveland, Lyman S. Smith, 
William B. Ripley, Samuel P. Huxforcl, Ira Darrow, Hugh S. 
Vincent, Allen R. Norton, Thomas F. Baylies, Leander Mayhew, 
Frank W. Pent, Charles H. Marchant, Elmer E. Norton, William 
E. Marchant, George F. Butler, J. Allen Hudson, Henry J. Cleve- 
land, Edward C. Luce, Asa L. Cleveland, Chester E. Pease, 
Thomas A. Dexter, James Matchett, John Jl. Forman, Jeremiah 
S. Weeks, Charles Earle, Rodolphus H. Morgan, Elihu M. Bunker, 
Alonzo Ripley, William Kelley, Charles B. Osborn, Henry Dun- 
ham, Andrew B. Fuller, Jr., George C. Fisher, David S. Beetle, 
George M. Cleveland, Edgar F. Rogers, Daniel T. Webquish, 
Samuel P. Ripley, Melatiah Mayhew, Lemuel P. Bunker, Thomas 
J. Dunham, Sylvanus E. Norton, Charles H. Norton, Holmes C. 
Fisher, Enoch C. Cornell, Eliot H. Norton, Tristram E. Butler, 
Frank H. Marchant, Jonathan H. Munroe, Allen Norton, George 
Ripley, John Pease, Charles T. Foster, Charles W. Vincent, John 
P. Vincent, Hiram J. Cleveland, Owen W. Norton, Christopher 
R. Beetle, Charles W. Pease, Edwin R. Marchant, Cyrus Vincent, 
Caleb Vincent, Jophanus II. Smith, Edward T. Vincent, and 
Samuel Keniston, their associates and successors, are hereby made 
a corporation by the name of the Proprietors of the New Matta- 
kessett Creeks, in the town of Edgartown, for the purpose of con- 
structing, maintaining and operating a herring, alewife and other 
fishery, and for the better improvement of the meadows and other 
lands lying around the Great pond in said Edgartown, by means 
of a creek, water passage or canal, to be located and dug and con- 
structed from said Great pond to Katama bay or some other part 
of the harbor of Edgartown, with the privilege of using for said 



56 FISH AND GAME. [Dec. 

purposes the waters of the said Great pond, subject to all general 
corporation laws which now are or hereafter may be in force 
relating to such corporations, and shall have all the powers and 
privileges and be subject to all liabilities and restrictions set forth 
in chapter one hundred and five of the Public Statutes, except as 
herein provided. 

Sect. 2. The first meeting of said corporation may be called 
by any number of members thereof, not less than ten, who shall 
cause a notice signed by them to be posted in some conspicuous 
public place or places in said Edgartown, fourteen days at least 
before the time appointed for holding said meeting, specifying 
therein the time, place and purposes thereof. A majority of the 
members of the corporation so assembled shall have full power to 
agree upon the manner of calling meetings thereafter and to make 
by-laws relating to aDy or all of the matters contemplated by 
section five of chapter one hundred and five of the Public Statutes, 
and all other rales and regulations necessary for the good govern- 
ment of said corporation, and not inconsistent with the laws of 
the Commonwealth. 

Sect. 3. No person or persons shall, without permission first 
obtained of a majority of the members of said corporation present 
at a meeting called for that purpose, set, draw or stretch any 
seine or drag-net, or set up any weirs, or make use of any other 
fishing engine in any part of said creeks, or at or near the 
mouth of said creeks, or take any herrings, ale wives or other 
fish that .pass up or down said creek or creeks while in the 
same, on penalty of one dollar for each fish so taken and the 
forfeiture of said seines or other apparatus used for said pur- 
poses in said creek or creeks ; excepting only the rights of those 
persons now holding a lease of said Great pond, under the con- 
ditions of said lease and during its present term ; but nothing 
in this act shall be construed to prevent any person or persons 
from fishing in the waters of said Great pond, and from a reason- 
able way to pass over or cross the land of said Proprietors of the 
New Mattakessett Creeks to said Great pond for the purpose of 
fishing or gunning. The said penalty may be recovered in an 
action of contract before any court competent to try the same, 
one-half thereof to go to the person who shall bring suit and 
the other half to the said corporation ; and the proceedings for 
forfeiture shall be the same as those provided in section two of 
chapter four hundred and forty-eight of the acts of the year 
eighteen hundred and eighty-seven. 

Sect. 4. Commissioners who are now serving, or who may 
hereafter be appointed to regulate the draining of the water off 



1889.] PUBLIC DOCUMENT — No. 25. 57 

from the low grounds and meadows aforesaid, shall be disinter- 
ested persons, and upon and after the construction of said creek 
or canal shall so drain the waters of said pond by means of said 
creek or canal leading from said Great pond to Katama bay, so 
called, or some other part of Edgartown harbor, and in no other 
way. If by any order or procedure of said commissioners the 
said proprietors should dig their creek to a greater depth for the 
benefit of said low grounds or meadows, the commissioners shall 
consider the benefit or loss to all interested parties arising from 
such procedure or acts thereunder, and shall assess said benefit or 
loss between the said creek proprietors and the owners of said low 
lands and meadows. The amount of said damage to each or any 
interested party may be recovered in an action of contract. 

Sect. 5. Said corporation, for the purpose of constructing or 
maintaining said canal or creek, may take the land of any person 
or corporation, and shall pay all damages occasioned by any such 
taking ; and such damages shall, upon the application of either 
party, be estimated and recovered in the manner provided in 
relation to land taken for highways. 

Sect. 6. Said corporation is authorized to levy assessments 
upon its members for the payment of land damages and other 
necessary expenses. 

Sect. 7. Said corporation shall have authority to purchase 
and hold such real and personal property as may be necessary or 
convenient for the purposes named, and the members thereof shall 
be entitled to shares therein as provided by the articles of agree- 
ment signed by the subscribers therefor, which shall be made a 
part of the records of said corporation. 

Sect. 8. All acts and parts of acts inconsistent with any of 
the provisions of this act are hereby repealed. 

Sect. 9. This act shall take effect upon its passage. [Approved 
May 14, 1889. 



58 FISH AND GAME. [Dec, 



[P.] 



LIST OF FISH COMMISSIONERS. 



The United States. 
Col. Marshall McDonald, Commissioner, . Washing-ton, D. C. 
Capt. J. W. Collins, Assistant in Charge of Fisheries Division. 
Richard Rathbun, Assistant in Charge of Scientific Inquiry. 

Alabama. 

Col. D. R. Hundley, Madison. 

Hon. Chas. S. G. Doster, Prattville. 

Akizona. 

J. J. Gosper, . Prescott. 

Richard Rule, Tombstone. 

J. H. Taggart, Business Manager, . . . Yuma. 

Arkansas. 
II . H. Rottaken, President, .... Little Rock. 
W. B. Worthen, Secretary, .... Little Rock. 

J. W. Calloway, Little Rock. 

This State has never made an appropriation for fish culture. 

Dominion of Canada. 

Hon. John Tilton, Deputy Minister Fisheries, Ottawa. 

Inspectors of Fisheries for the Dominion of Canada, 1888 : W. H. Rogers, 
Amherst, N. S. ; A. C. Bertram, North Sydney, C. B., N. S. ; W. H. 
Venning, St. John, N. B. ; Wm. Wakeham, Gaspe Basin, P. Q. ; J. 
II. Duvar, Alberton, P. E. I. ; Thomas Mowat, New Westminster, 
B. C. ; Alex McQueen, Winnipeg, Man. 

Officers in Charge of Fish-breeding Establishments : S. Wilmot, Super- 
intendent of Fish Culture, Newcastle, Ont ; Chas. Wilmot, Officer 
in Charge, Newcastle hatchery, Ont. ; Wm. Parker, Sandwich, Ont. ; 
L. N. Cattellier, Tadoussac, Q. ; Philip Vibert, Gaspe, Q. ; A. H t 
Moore, Magog, Q. ; Alex Mowat, Restigouche, Matapedia, P. Q. ; 
A. B. Wilmot, Bedford, N. S. ; C. A. Farquharson, Sydney, N. S. ; 
Isaac Sheasgreen, Miramichi, N. B. ; Charles McCluskey, St. John 
River, Grand Falls, N. B. ; Henry Clark, Dunk River, P. E. I. ; 
Thomas Mowat, B. C. hatchery, New Westminster, B. C. 



1889.] PUBLIC DOCUMENT — No. 25. 59 

California. 

Joseph Routier, . . ... . . Sacramento. 

J. D. Harvey, Los Angeles. 

Commissioner T. J. Sherwood resigned March 15, 1888. 

Colorado. 
G. F. Whitehead, Denver. 

Connecticut. 

Dr. Wm. M. Hudson, Hartford. 

Rob't B. Chalker, . . . . * . . Saybrook. 

James A. Bill, Lyme. 

The State has no official superintendent, most of the hatching being 
done by Henry J. Fen ton, Poquonnock. 

Delaware. 
Charles Schubert, Odessa. 

Georgia. 

J. H. Henderson, Atlanta. 

Dr. H. H. Cary, Superintendent, . . .La Grange. 

Illinois. 

N. K. Fairbank, President, .... Chicago. 

S. P. Bartlett, ! Quincy. 

Geo. Brenning, Centralia. 

Indiana. 
Enos B. Reed, . . . . . . . Indianapolis. 

Iowa. 

E. D. Carlton, Spirit Lake. 

Ole Bjorenson, Superintendent. 



S. Fee, 



Kansas. 



Warn ego. 



Kentuckt 



Wm. Griffith, President, 
P. H. Darby, . 
John B. Walker, 
Hon. C. J. Walton, . 
Hon. John A. Steele, 
W. C. Price, . 
Hon. J. M. Chambers, 
A. H. Goble, . 
J. H. Mallory, . 



Louisville. 

Princeton. 

Madisonville. 

Munfordsville. 

Midway. 

Danville. 

Independence. 

Catlettsburg. 

Bowling; Green. 



GO 



FISH AND GAME. 



[Dec. 



Maine. 
E. M. Stilwell, . 

Henry O Stanley, .... 
B. W. Counce, Sea and Shore Fisheries, 



Maryland. 



Dr. E. W. Humphries, 
G. W. Delawder, 



Bangor 
Dixfield. 
Thorn aston. 



Salisbury. 
Oakland. 



Massachusetts. 

E. A. Brackett, Winchester. 

I. C. Young, r Wellfleet. 

E. H. Lathrop, Springfield. 



Michigan. 

John H. Bissell, 

Herschel Whitaker, 

Joel C. Parker, M.D, .... 
Walter D. Marks, Superintendent, . 
George D. Mussey, Secretary, . 
William A. Butler, Jr., Treasurer, . 

Minnesota. 

William Bird, 

Niles Carpenter, 

Robert Orrnsby Sweeny, President, . 
S. S. Watkins, Superintendent, 

Missouri. 
H. M. Garlichs, Chairman, 
J. L. Smith, .... 
H. C. West, .... 
A. P. Campbell, Secretary, 
Philip Kopplin, Jr., Superintendent, 
Elias Cottrill, Superintendent, 



Detroit. 

Detroit. 

Grand Rapids. 

Paris. 

Detroit. 

Detroit. 



Nebraska. 



William L May, 

R. R. Livingston, 

B. E. B. Kennedy, . 

M. E. O'Brien, Superintendent, 



Fairmount. 

Rush ford. 

St. Paul. 

Willow Brook, St. Paul. 



St. Joseph. 
Jefferson City 
St. Louis. 
St. Joseph. 
St. Louis. 
St. Joseph. 



Fremont. 
Plattsmouth. 
Omaha. 
South Bend. 



Nevada. 
W. M. Cary, Carson City. 

New Hampshire. 

George W. Riddle, Manchester. 

Elliott B. Hodge, Plymouth. 

John H. Kimball, Marlborough. 

Elliott B. Hodge, Superintendent of Plymouth 

and Sunapee hatcheries, .... Plymouth. 



1889.] 



PUBLIC DOCUMENT — No. 25. 



fil 



Nev Jersey. 



William Wright, 
Frank M. Ward, 
J. R. Elkinton, . 



Newark. 
Newton. 
Pennssrove. 



, room 311, Potter Build- 



New York. 
New Hartford. 
Rochester. 
Tottenville. 
Troy. 

New York City. 



New York. 

E. G. Blackford, President, 

Gen. R. U. Sherman, 

William H. Bowman 

A. S. Joline, 

Henry Burden, . 

E. P. Doyle, Secretary 
ing, . 

Superintendents: Fred Mather, Cold Spring Harbor; Monroe A. Green, 
Caledonia ; James H. Marks, Bloomingdale ; E. L. Marks, Fulton 
Chain ; and E F. Boehm, Mill Creek. 

Shell-fish Commission: E. G. Blackford, Commissioner; William G. 
Ford, Engineer ; J. W. Merserau, Oyster Protector, 80 Fulton Mar- 
ket, New York. 

North Carolina. 

William J. Griffin, Chairman, .... Elizabeth City. 

J. B. Watson, Englehard. 

William T. Caho, Bayboro. 



Ohio. 



C. V. Osborn, President, . 

A. C. Williams, Secretary, 

J. C Hofer, 

John H. Law, . 

Hon Emory D. Potter, 

Henry Douglass, Superintendent, 

L. K. Buntain, Chief Warden, . 



Oregon, 



F. C. Reed, President, 
E. P. Thompson, 
R. C. Campbell, 



Dayton. 

Chagrin Falls. 

Bellaire. 

Cincinnati. 

Toledo. 

Sandusky. 

Dayton. 



Clackamas. 

Portland. 

Ranier. 



Pennsylvania. 

Henry C. Ford, President, 524 Walnut Street, Philadelphia. 
James V. Long, Corresponding Secretary, 75 

Fifth Avenue, Pittsburg. 

H. C. Demuth, Secretary of Board, . . . Lancaster. 

S. B. Stilwell, . . . . . . . Scranton. 

A. S. Dickson, Meadville. 

W. L. Powell, Treasurer, Harris burg. 

John P. Creveling, Superintendent, . . Allentovvn. 

William Buller, Superintendent, . .' . Cony. 



62 FISH AND GAME. [Dec, 

Rbode Island. 

John H. Barden, President, .... Rockland. 

Henry T. Root, Treasurer, .... Providence. 

William P. Morton, Secretary, . . . Johnston. 

South Carolina. 

Hon. A. P. Butler, Columbia. 

Tennessee. 

W. W. McDowell, Memphis. 

H. H. Sneed, Chattanooga. 

Edward D. Hicks, Nashville. 

Utah. 

A! Milton Musser, Salt Lake City. 

Vermont. 

Herbert Brainard, ...... St. Albans. 

E. H. Atherton, Waterbury. 

Virginia. 

Dr. J. T. Wilkins, Bridgetown. 

West Virginia. 

C. S. White, President, Romney. 

F. J. Baxter, Treasurer, ..... Sutton. 
James H. Miller, Secretary, .... Hinton. 

Wisconsin. 

The Governor, ex officio.. 

Philo Dunning, President, .... Madison. 

C. L. Valentine, Secretary and Treasurer, . Janesville. 

Mark Douglass, Melrose. 

A. V. H. Carpenter, ...... Milwaukee. 

Calvert Spensley, . t Mineral Point. 

E. S. Miner, Sturgeon Bay. 

James Nevin, Superintendent, .... Madison. 

Wyoming Territory. 

Louis Miller, ... ... Laramie. 



1889.] PUBLIC DOCUMENT — No. 25. 03 



[G.] 
LIST OF PONDS LEASED 

By the Commissioners on Inland Fisheries, under Authority given 
by Chap. 384, Sect. 9, of the Acts of 1869. 

[During the past year leases of fifteen ponds have either expired by limitation 
or have been cancelled.] 



1870. 

Feb. 1. Waushakum Pond, in Framingham, to Sturtevant and others, 
20 years. 

April 1. Mendon Pond, in Mendon, to Leonard T. Wilson and an- 
other, 20 years. 

Sept. 12. Baptist Lake, in Newton, to J. F. C. Hyde and others, 20 
years. 

1871. 

April 17. Long Pond, in Falmouth, to Joshua S. Bowerman and three 

others, 20 years. 
May 15. Pratt's Pond, in Upton, to D. W. Batcheller, 20 years. 
Nov. 1. Punkapoag Pond, in Randolph and Canton, to Henry L. 

Pierce, 20 years. 

1872. 

Jan. 1. Sandy Pond, Forest Lake, or Flint's Pond, in Lincoln, to 
James L. Chapin and others, 20 years. 

1874. 

March 2. Upper Naumkeag Pond, in Ashburnham, to inhabitants of 

Ashburnham, 20 years. 
May 20. Unchechewalom and Massapog ponds, to the inhabitants of 

Lunenburg, 20 years. 
July 11. Hazard's Pond, in Russell, to N. D. Parks and others, 20 

years. 

1875. 

Jan. 1. White and Goose ponds, in Chatham, to George W. Davis, 

15 years. 
March 1. Hood's Pond, in Ipswich and Topsfield, to inhabitants of 

Topsfield, 15 years. 



64 FISH AND GAME. . [Dec. 

1875. 

April 1. Chauncy Pond, in Westborough, to inhabitants of Westbor- 
ough, 15 years. 
3. West's Pond, in Bolton, to J. D. Hurlburt and others, 15 

years. 
15. Gates Pond, in Berlin, to E. H. Hartshorn and others, 15 

years. 
2L Pleasant Pond, in Wenham, to inhabitants of Wenham, 15 
years. 
May 1. Morse's Pond, in Needham, to Edmund M. Wood, 15 years. 
1. Chilmark Pond, in Chilmark, to J. Mckerson and others, 
agents, 20 years. 
July 1. Wedge Pond, in Winchester, to inhabitants of Winchester 
15 years. 
1. Haggett's Pond, in Andover, to inhabitants of Andover, 20 
years. 
Aug. 1. Oyster Pond, in Edgartown, to J. H. Smith and others, 20 
years. 
9. Mystic (Upper) Pond, in Winchester, Medford and Arling- 
ton, to inhabitants of Winchester and Medford, 15 years. 
Oct. 1. Little Chauncy and Solomon ponds, in Northborough, to 
inhabitants of Northborough, 15 years. 

1876. 

Feb. 1. Great Sandy Bottom Pond, in Pembroke, to inhabitants of 

Pembroke, 15 years. 
March 1. Dennis Pond, in Yarmouth, to inhabitants of Yarmouth, 15 
years. 
1. Crystal Lake, in Wakefield, to Lyman H. Tasker and others, 
15 years. 
20. Lower Naumkeag Pond, in Ashburnham, to inhabitants of 

Ashburnham, 18 years. 
28. Dennison Lake, in Winchendon, to inhabitants of Winchen- 

don, 15 years. 
28. Phillipston Pond, in Phillipston, to inhabitants of Phillipston, 
20 years. 
May 8. South-west Pond, in Athol, to Adin H. Smith and others, 15 

years. 
June 10. Dug Pond, in Natick, to W. P. Bigelow and others, 15 years. 
Oct. 1. Farm and Learned's Pond, in Framingham, to inhabitants of 
Framingham, 15 years. 
1. Whitney's Pond, in Wrentham, to inhabitants of Wrentham, 

15 years. 
1. Little Pond, in Falmouth, to George H. Davis, 15 years. 

1877. 

March 1. Nine-mile Pond, in Wilbraham, to inhabitants of Wilbraham, 
15 years. 



1889.] PUBLIC DOCUMENT — No. 25. 65 

1877. 

March 15. Pentucket and Rock ponds, in Georgetown, to inhabitants of 
Georgetown, 15 years. 

Oct. 1. Fort, Great Spectacle and Little Spectacle ponds, in Lancas- 
ter, to inhabitants of Lancaster, 20 years. 
1. Magog Pond, in Acton and Middleton, to inhabitants of 
Acton, 15 years. 

1878. 

Jan. 1. Sniptuit, Long, Snow and Mary's j>onds, in Rochester, to 

inhabitants of Rochester, 15 years. 
March 16. Asnaconcomic Pond, in Hubbardston, to Amory Jewett, Jr., 

15 years. 
May 1. Bear Hill Pond and Hall Pond, in Harvard, to inhabitants of 

Harvard, 15 years. 
Oct. 1. Ell Pond, in Melrose, to J. A. Barrett and others, 15 years. 

1879. 

July 1. Fresh Pond, in Falmouth, to Thomas H. Lawrence, 20 years. 

Oct. 1. Pomp's Pond, in Andover, to inhabitants of Andover, 15 
years. 

Nov. 1. Lake Quinapowitt, in Wakefield, to inhabitants of Wake- 
field, 14 years. 

1880. 

March 1. Lake Winthrop, in Holliston, to inhabitants of Holliston, 15 

years. 
15. Massapoag Pond, in Sharon, to inhabitants of Sharon, 10 

years. 
May 1. Tisbury Great Pond, in Tisbury, to Allen Look and others, 

10 years. 
June 1. Indian Pond, in Kingston, to inhabitants of Kingston, 10 

years. 
1. Jordan Pond, in Shrewsbury, to inhabitants of Shrewsbury, 

15 years. 
July 1. Swan and Martin's ponds, in North Reading, to inhabitants 

of North Reading, 15 years. 
Sept. 1. Herring Pond, in Eastham, to William H. Nickerson, 10 

years. 
Dec. 24. Chadwick's Pond, in Bradford and Boxford, to town of Brad- 
ford, 10 years. 

1881. 

Jan. 1. Great and Job's Neck ponds, in Edgartown, to Amoz Smith 

and others, 15 years. 
April 1. Long Pond, in Blandford, to Samuel A. Bartholomew and 

another, 15 years. 
May 2. Nonesuch Pond, in Weston and Natick, to W. A. Bullard 

and others, 15 years. 



66 FISH AND GAME, [Dec. 

1882. 

March 1. Blair's Pond, in Blandford, to Curtis M. Blair and another, 15 

years. 
April 1. Ward Pond, alias ^Yightman Pond, in Ashburnham, to Her- 
bert F. Rockwood and another, 15 years. 
1. Horn Pond, in Woburn, to inhabitants of Woburn, i5 years. 
Wickaboag Pond, in West Brookfield, to inhabitants of West 
Brookfield, 15 years. 

Fresh Pond, in Tisbury, to Allen Look and others, 15 years. 
Keyes Pond, in Westford, to M. H. A. Evans, 15 years. 
Singletary Pond, in Sutton and Millbury, to towns of Sutton 

and Millbury, 15 years. 
The Great Pond, in Ashfield, to town of Ashiield, 15 years. 
Lake Buell, in Monterey and New Marlborough, to town of 

New Marlborough, 10 years. 

1884. 

July 15. Asneybunskeit Pond, in Paxton, to inhabitants of Paxton, 10 
years. 
15. Center Pond, in Dennis, to inhabitants of Becket, 10 years. 
15. Buckmaster Pond, in Dedharn, to Francis Soule and others, 

10 years. 
15. Fresh Pond, in Dennis, to inhabitants of Dennis, 10 years. 

17. Farm Pond, in Cottage City, to John C. Hamblin and others, 

15 years. 

18. Mashpee, Great and Wakeley ponds, in Mashpee, to inhabi- 

tants of Mashpee, 10 years. 
Aug. 30. Sand Pond, in Ayer, to inhabitants of Ayer, 15 years. 
Sept. 5. Great Pond, in North Andover, to inhabitants of North 

Andover, 15 years. 



May 

June 


1. 

1. 


1883. 

April 6. 
23. 


May 


7. 


May 
July 


7. 

1. 



1889.] 



PUBLIC DOCUMENT — No. 25. 



67 



[EL] 



RETURNS OF LOBSTER FISHERIES. 



TOWN. 


PROPRIETOR. 


m 

a. 

OS 
Sh 

Eh 


CO 

s. 

-2 

OJ 

JO 
O 


ed Num- 
s than 10 
ches re- 
to the 
alive. 


1 | o 






CO 


og 


imat 
r les 
2 in 
rned 
ater 


of 1 

rned 
ater 






6 2 




«*A5Z 


i*** 


Ipswich, 


Rust & Grant, 


20 


2,482 


2,192 


63 


It 


, 


Atkinson & Bro., 


30 


5,529 


3,754 


69 


" 


. 


A. W. Montgomery, 


18 


1,547 


1,286 


135 


Annisquam 




Wm. Rowe, 


18 


631 


1,006 


_ 


Bay View, 




Win, Sargent, 


60 


1,898 


3,200 


29 


u 


. 


Allan Robinson, 


40 


2.845 


284 


8 


u 




Alex. Sargent, 
J. J. Woodbury, 


100 


4,000 


20,500 


1,400 


Lanesville, 




45 


1,319 


1,557 


45 


" 




Wm. Saunders, 


35 


516 


894 


11 


" 


. 


Elias Haraden, 


31 


2,524 


2,193 


52 


ti 




John Roberts, 


40 


954 


1,614 


39 


" 




Ezra Haraden, 


60 


3,093 


3,041 


144 


u 




James Duley, . 


20 


480 


500 


17 


ii 




A. W. Riley, . 


75 


3,474 


3,644 


13 


" 




Geo. Sargent, . 


49 


556 


1,129 


_ 


Polly Cove, 




G. H. Woodbury, . 


50 


2,300 


1,775 


45 


Rockport, 




Edward Lewis & Son 


100 


7,414 


11,510 


164 








Amos Lufkin, . 


40 


998 


1,386 


45 






. 


Jabez Rendall, 


25 


1,607 


" 2,472 


74- 








Wm. Day, 


65 


6,083 


3,033 


88 








Ferdinand Norwood 


20 


560 


3,000 


12 






. 


Wm. Stillman, 


50 


3,771 


2,714 


_ 








Wm. Winn, . 


78 


4,570 


4,873 


85 








Sam'l Perkins, 


115 


7,255 


5,344 


237 






. 


Mike Knowlton, 


30 


416 


312 


24: 






. 


John Tarr, 


100 


9,299 


10,121 


387 






. 


Harvey Poole, 


50 


4,732 


5,170 


247 








Charles Norwood, . 


15 


203 


_ 


_ 








Wm. Knights, 


50 


2,633 


3,787 


39 






. 


J. B. Parsons, . 


50 


1,750 


2,000 


40 








Charles Wendel, . 


38 


2,044 


3,000 


150 








Fred Johnson, 


15 


1,000 


2,500 


45 


East Gloucester, 


Joseph Douglass, . 


75 


5,464 


6,614 


278 


" <( 


Robert Douglass, . 


30 


1,229 


3,000 


141 


M l< 


Edwin Parsons, 


30 


55 


75 


5 


Gloucester, 


Nelson Rowe, . 


50 


3,994 


8,664 


536 


" 


Joseph Parsons, 


70 


3,610 


5,440 


213 


(( 




A. & H. Parsons, . 


100 


6,950 


10,900 


555 


u 


. 


Chas. Parsons, 


50 


2,540 


6,310 


340 


" 




Alden Parsons, 


85 


3,647 


6,700 


279 


" 


. 


Frederick Parsons, . 


82 


3,092 


1,600 


59 


(t 


El bridge D. Rust, . 


■ 90 


12,280 


15,330 


1,424 



G8 



FISH AND GAME. 



[Dec. 



Returns of Lobster Fisheries — Continued. 



TOWN. 


PROPRIETOR. 




O 


ted Num- 
ss than 10 
nches re- 
d to the 
r alive. 


Egg-bear- 
obsters re- 
d to the 
r alive. 






o'S 


O oj 


B"* cti 


i„iji»ai 






a> 


.M 


5H«n^ 


. be*,? 






| S 






c. 5 ^ 


Magnolia, . 


Wm, Douglass, 


30 


1,094 


3,231 


116 


" 


J. B. Knowlton, 


39 


3,602 


3,338 


504 


U 


John Burnham, 


35 


1,565 


2,064 


121 


Manchester, 


L. 0. Sargent, 


33 


1,718 


2,013 


106 


" 


Charles Sargent, . 


25 


1,178 


1,114 


110 


" 


Chandler Lewis, 


5 


120 


200 


12 


Beverly, 


Geo Seeley, . • . 


30 


2,004 


4,290 


12 


" 


J. H. Barter, . 


50 


5,000 


485 


- 


" 


Chas. Foster, . 


47 


7,937 


4,727 


57 


" 


C. H. Very, . 


90 


6,982 


14,153 


202 


Salem, 


John Clark,* . 


120 


7,303 


5,526 


197 


u 


C. H. Berry, Jr., . 


60 


5,611 


15,700 


63 


ce 


E. C. Lundgren,* . 


43 


4,297 


7,209 


252 


" 


W. P. Foye, . 


50 


6,710 


4,842 


93 


" 


G. H. Sargent, 


55 


4,987 


10,392 


176 


" 


Thomas F. Hogan, . 


38 


7,416 


8,596 


171 


Marblehead, 


J. H. Atkins, . 


90 


11,619 


13,478 


501 


" 


B. F. Stevens, . 


41 


4,655 


5,483 


52 


" 


John Smithers, 


20 


3,659 


3,553 


67 


ec 


Wm. Dennis, . 


22 


1,134 


1,560 


23 


" 


Sam'l Hooper, 


47 


2,441 


3,341 


92 


Swampscott, 


T. E. Stone, . 


50 


4,673 


4,540 


57 


a 


Lorenzo Woodbury, 


50 


4,367 


4,384 


147 


ic 


Wm. Segar, . 


28 


1,670 


2,500 


48 


u 


Z. Phillips,* . 


25 


590 


1,771 


19 


" 


G. A. R. Horten, . 


38 


1,871 


2,555 


80 


" . . 


C. 0. Stone,* . 


30 


876 


1,107 


28 


" 


C. S. Stone, . 


35 


1,658 


1,675 


24 


" 


R. A. Douglass, 


39 


653 


565 


16 


" 


N. Pierce, 


30 


543 


628 


17 


" 


Henry Harding,* . 


53 


2,029 


3,139 


18 


ic 


Simon Douglass,* . 


30 


1,836 


3,368 


91 


a 


S. Hammond & Son, 


50 


5,112 


11,754 


120 


" 


H A. Collyer,* 


25 


1,110 


1,107 


66 


" 


W. B. Newcomb, . 


40 


2,000 


3,000 


23 


» 


H. B. Watts, . 


40 


852 


787 


8 


Lynn, 


E. Lafreniere, 


115 


3,675 


4,750 


4 


N ah ant, 


C.E.Gove, . 


100 


5,741 


- 


86 


t; 


G. W. Taylor, 


45 


2,933 


4,297 


92 


(( 


J. B. Johnson, 


60 


3,000 


3,000 


40 


" 


E. A. Keene, . 


74 


4,009 


5,573 


35 


" 


C. W. Taylor, 


35 


3,854 


5,155 


41 


Winthrop, . 


John Wadsworth, . 


71 


5,131 


9,428 


103 


" 


G. W. Wyman, 


40 


2,687 


5,360 


60 


« 


J. B. Wyman, 


50 


5,189 


12,338 


562 


[ 


W.E.&A.G.Wyman 
A. G. Wyman, 


' I 190 


18,198 


33,239 


866 




M. Treworgy, 
V. Treworgy, 


I 150 


11,018 


20,898 


504 



* No. of egg-bearing lobsters sold to the commissioners. — John Clark, 92; E. C. Lundgren, 
45; Z. Phillips, 8; C. S. Stone, 8; Henry Harding, 14; Simon Douglass, 4; H. A. Collyer, 1. 



1889.] 



PUBLIC DOCUMENT — No. 25. 



69 



Returns of Lobster Fisheries — Continued. 



TOWN. 


PROPRIETOR. 


CO 

a 

05 

u 

H 


CO 

ja 

o 


ted Num- 
3s than 10 
iches re- 
1 to the 
• alive. 


Egg-bear- 
ibsters re- 
I to the 
' alive. 






<Sd 


og 




v. j ® S 






09 


,M 


2t. e ,t,< 


w bfitH OS 






I 3 


l~ 




£*** 


Winthrop, . 


Alva Belcher, 


90 


13,950 


15,368 


111 








John Flannigan, 


45 


5,237 


7,310 


175 






. 


S. B. Belcher, 


25 


2,058 


2,995 


123 








John Belcher, 


36 


1,189 


1,737 


9 






, 


John Stevenson, 


60 


6,054 


1,279 


37 








Thomas Mason, 


65 


5,058 


12,313 


208 








Gershom Sampson, 


45 


289 


1,412 


50 








F. H. Baker, . 


112 


7,6^ 


8,018 


403 


Boston, 




Joseph Saline, 


120 


7,449 


12,425 


1,024 








Antoine Francis, 


152 


20,870 


27,511 


342 








Fernando Augustus, 


50 


4,659 


9,305 


70 








Antonio Silvia, 


142 


23,065 


28,790 


292 








I. P. Serrilha, . 


150 


11,649 


28,824 


199 








Joseph Rogers, 


100 


6,689 


9,475 


352 






. 


Antonio Perry, 


112 


7,191 


13,618 


149 








Peter Silver, . 


200 


4,681 


6,676 


85 








Jose Mariano, 


200 


11,939 


13,330 


458 








Manuel Jasens, 


145 


4,614 


5,441 


386 








Salvador Oliveira, . 


54 


1,967 


2,256 


25 








Graciano Rio, 


10 


4,275 


4,860 


27 








Joquin Ferreia, 


100 


6,490 


15,705 


169 






. 


Antonio L. Perry, . 


180 


5,466 


3,897 


376 






Manuel Peveivos, . 


110 


7,970 


14,569 


453 


Hull, . 




Wm. Dean, 


80 


4,378 


2,914 


45 








F. S James, . 


160 


4,871 


5,283 


252 








J. & 0. F. James, . 


145 


6,979 


3,871 


201 








John Reed, 


179 


20,556 


10,851 


210 








A. B Mitchell, 


80 


3,322 


7,032 


73 








G. F. Pope, . 


80 


17,095 


12,415 


198 








Wm. Barber, . 


64 


4,974 


13,368 


150 








A B. Cleverly, 


73 


1,927 


2,305 


46 








Daniel Souther, 


80 


6,526 


3,777 


137 








Daniel McDonough, 


100 


18,616 


12,449 


212 








J. H. Smith, . 


80 


5,647 


5,292 


17 








Frederick Smith, 


80 


12,156 


13,633 


176 






. 


A. Mitchell, . 


140 


2,620 


3,125 


31 








Webster Mitchell, . 


80 


1,530 


3,035 


24 








W. B Mitchell, 


80 


2,229 


2,938 


102 








G. C. Augustus, 


60 


1,669 


4,657 


160 








G. T. Augustus, 


80 


5,670 


6,552 


223 






. 


Eben Pope, 


80 


7,910 


5,136 


114 








S. H. Litchfield, . 


71 


3,066 


6,400 


70 








Andrew Litchfield, . 


90 


8,041 


13,114 


569 








B. F. Litchfield, . 


80 


7,519 


10,770 


434 








Andrew Galiano, . 


70 


3,494 


13,675 


231 






. 


Louis Galiano, 


80 


2,786 


11,500 


89 








G. H. Souther, 


80 


3,000 


8,500 


858 








Alfred Souther, 


80 


2,052 


3,080 


132 








James Turner, 


70 


5,474 


5,951 


206 


Nantasket, . 


Benj. Atwood, 


76 


4,251 


13,801 


82 



70 



FISH AND GAME. 



[Dec. 



Returns of Lobster Fisheries — Continued. 











a 2 £| 


i i a> 






o. 


o 


filial 


tcZS£ 


TOWN. 


FROPKIETOR. 


H 


h5 


WW'S « 


wl-o* 








M 


« 8 S "g S 


^2S 






Z* 


c « 






Nantasket, . 


John Johnson, 


76 


5,820 


15,686 


160 


" 




Chas. Bates, . 


80 


12,515 


21,806 


436 


" 




Carl Place, 


40 


2,766 


3,650 


161 


Cohasset, 




Robert Ainsley, 


75 


5,379 


5,614 


103 


" 




Manuel Van dura, . 


50 


3,528 


7,354 


151 


" 




Joseph Vandura, . 


64 


6,945 


7,859 


138 


(< 




Warren White, 


30 


1,005 


2,500 


48 


l( 




if. E. White, . 


130 


6,331 


8,700 


167 


" 


, 


Joseph Siva, . 


51 


4,907 


9,305 


76 


tc 




Levi Cadoza, . 


66 


2,418 


5,788 


344 


(C 




Manuel Almas, 


59 


3,007 


6,947 


37 


« 


, 


Joseph Jason, Jr., . 


66 


7,596 


8,750 


140 


u 


, 


John Silva, 


40 


3,542 


7,118 


150 


ec 


, 


Jeremiah McCarty, 


32 


649 


550 


43 


Scituate, 




Geo. Edson, . 


78 


3,276 


2,473 


239 


" 




Robert O'Heme, 


108 


3,446 


2,346 


100 


c« 




Thomas Dvvyer, 


108 


5,181 


5,078 


75 


" 


, 


Edward Graham, . 


58 


871 


757 


19 


c« 


, 


Dennis McCarty, . 


50 


1,000 


1,200 


20 


c< 




Wm. Ward, . 


90 


3,620 


3,073 


145 


(I 




E. P. Pratt, . 


65 


5,324 


16,260 


221 


tc 




Jesse Spooner, 


50 


1,468 


2,000 


25 


" 




C. B Pratt, . 


50 


4,479 


7,170 


216 


" 




Daniel Ward, . 


75 


3,039 


3,823 


133 


t< 




John Welsh, . 


50 


1,714 


2,500 


87 


M 




L. S. Bonney, . 


50 


1,400 


1,500 


76 


a 




John Conroy, . 


47 


1,481 


2,208 


54 


«c 




Patrick Mul kerne, . 


50 


1,000 


1,000 


50 


tc 




Daniel Duffey, 


60 


2.004 


665 


45 


a 




John Faloon, . 


40 


771 


280 


25 


" 




Maurice O'Herne, . 


60 


3,064 


4,904 


69 


" 




Wm. Duffey, . 


30 


1,500 


2,000 


60 


Brant Rock, 


Chas. Tolman, 


53 


1,786 


5,865 


23 


u t 




W. H. Tolman, 


61 


2,035 


5,405 


76 


(i t 




Lyman Sayers, 


127 


4,245 


6,035 


113 


«( i 




Thomas Pezzy, 


100 


2,626 


5,198 


23 


it t 




Decenti Gay, . 


120 


9,563 


15,467 


325 


« c 


' m 


Wilfred Keene, 


87 


3,605 


8,443 


77 


U ( 




Henry Taylor, 


40 


2,192 


7,250 


139 


C( t 




Isaac Walker, 


100 


7,800 


17,670 


240 


It 4 




B. P. Williamson, . 


70 


2,541 


340 


4 


" ' 




H. C. Phillips, 


122 


7,000 


7,000 


150 


Green Harbor, . 


Geo. Sampson, 


60 


3,085 


11,635 


169 


" " 


Chas. Peterson, 


87 


2,733 


10,440 


85 


(( c< 


B. F. Simmons, 


49 


1,488 


3,016 


26 


" " 


Geo Delano, . 


50 


343 


1,350 


5 


" " 


J. P. Hammond, 


60 


1,104 


407 


46 


" " 


W. H. Chandler, . 


40 


751 


2,688 


35 


South Duxbury, 


J K. Burgess, 


50 


7,639 


21,428 


151 


U u 


G. F. Freeman, 


33 


3,000 


8,065 


64 



1889.] 



PUBLIC DOCUMENT — No. 25. 



71 



Returns of Lobster Fisheries — Continued. 







a 


O 


Nn rn- 
li an 10 
es re- 
to the 
ive. 


r-bear- 
ers re- 
to the 
ive. 


TOWN. 


PROPRIETOR. 


E-i 


hJ 


<u m o =S 








©•d 




||.S|| 


- o M a-" 






<o 


.*& 


.S u m u S 


° bo u « 






I s 


K* 4 




ozgt 


South Duxbury, . 


W. H. Ranson, 


50 


6,835 


14,156 


162 


" " 


0. C. Hunt, . 


50 


7,724 


17,854 


1,117 


" " 


Clarence Smith, 


49 


8,623 


13,659 


390 


" " 


E. J. Smith, . 


20 


3,116 


3,671 


57 


t; it 


F. E. Wads worth, . 


60 


11,900 


27,545 


487 


" " 


W. E. Freeman, 


40 


4,123 


3,906 


9 


Plymouth, . 


Benj. Manter, . 


60 


1,818 


4,500 


68 


a 


Joseph Thurston, . 


56 


5,042 


16,681 


100 


" 


Sam'l Burgess, 


60 


13,154 


23,140 


177 


" 


James Deacon, 


38 


2,577 


4,466 


82 


" 


Oscar Marsh, . 


39 


2,293 


4,076 


72 


" 


B. F. Hodgiss, 


50 


4,071 


500 


16 


" 


Augustus Rogers, . 


40 


1,595 


2,365 


63 


" 


Levi Thurston, 


50 


6,350 


19,013 


76 


" 


Geo. Atwell, . 


50 


7,948 


15,135 


193 


" . 


W. H. Finney, 


49 


3,014 


10,720 


81 


" 


H. L. Sampson, 


41 


10,687 


9,099 


676 


" 


Albert Raymond, . 


45 


1,970 


6,420 


23 


" 


Geo. Manter, . 


80 


4,399 


3,952 


122 


" 


G. F. Bennison, 


59 


2,086 


4,102 


123 


" 


J. B. Bartlett, . 


46 


2,476 


5,683 


77 


" 


E. P. Bartlett, . 


50 


2,748 


9,417 


106 


u 


Cornelius Briggs, . 


45 


4,353 


9,745 


127 


" 


Laban Briggs, 


55 


5,288 


10,831 


291 


" 


Ezra Pierce, . 


80 


1,152 


1,342 


78 


" 


S. J. Valler, . 


60 


5,172 


18,589 


199 


it 


I. H. Valler, . 


75 


10,963 


28,855 


323 


ti 


A. M. Watson, Jr., . 


47 


6,199 


13.278 


229 


" 


A. M. Watson, 


50 


3,933 


7,854 


89 


" 


A. R. Gorham, 


51 


5,349 


19,046 


91 


" 


J. M. Snow, . 


50 


8,271 


17,225 


124 


" 


D. W. Nightingale, 


70 


3,821 


8,360 


41 


" 


C H.Pierce, . 


60 


4,899 


8,230 


29 


Manomet, . 


Henry Dodge, 


57 


4,397 


9,614 


91 


it 


S. B. Blackmer, 


38 


2,712 


. 6,387 


78 


" 


G. W. Holmes, 


50 


3,173 


7,482 


131 


" 


A. C. Sampson, 


50 


3,395 


8,498 


103 


" 


W. H Peterson, 


40 


1,328 


2,215 


70 


it 


Saml Bartlett, 


43 


2,318 


6,789 


97 


" 


Wm. Harlow, . 


70 


4,642 


9,385 


177 


" 


L. B. Briggs, . 


55 


6,925 


11,426 


251 


(( 


Rufus Ellis, . 


60 


4,957 


10,630 


240 


" 


A. L. Holmes, 


58 


4,323 


10,415 


157 


" 


W. Nightingale, 


60 


4,572 


10,196 


145 


" 


F. B. Holmes, 


59 


3,609 


7,940 


80 


" 


C. H. Dixon, . 


85 


7,955 


10,880 


173 


" 


G.H.Dixon, . 


— 


_ 


_ 


_ 


it 


Lorenzo Nightingale 


40 


1,081 


1,259 


55 


" 


Walter Chase, 


27 


1,687 


4,158 


75 


* 


Geo. Griswold, 


45 


4,000 


6,000 


100 



72 



FISH AND GAME. 



[Dec. 



Returns of Lobster Fisheries — Continued. 









£ 


1 O I <D 


1 1 e 
es m*j 


town. 


PROPRIETOR. 


05 
P. 

cS 

H 


o 

hi 


ited Nu 
ss than 
nches 
d to 
r alive. 


Egg-be 
abaters 
d to 
r alive. 






©•g' 






*iH 






z* 


6.2 




oa& 


Manomet, 


. Harlow & Chandler 


130 


7,212 


15,680 


192 


" 


. H. G. Swift, . 


40 


2,286 


2,828 


177 


Bournedale 


. Frank Leonard, 


67 


1,867 


4,138 


30 


" 


. A. A. Nightingale, . 


41 


1,307 


4,492 


42 


Chiltonville 


, . H. A. Jordan, 


57 


5,553 


_ 


94 


" 


. R. F. Swift, . 


50 


5,559 


10,037 


556 


Orleans, 


. Willis Snow, . 


30 


698 


122 


122 


" 


. F. H. Hayden, 


30 


616 


55 


66 


Dennisport, 


. Elisha Rogers, 


30 


122 


321 


- 


Eastham, 


. Chas. Daniels, 


45 


588 


52 


22 


Truro, 


. J. H. Rich, . 


25 


113 


15 


6 


North Trur 


:>, . Chas. Collins, . 


_ 


- 


_ 


- 


Provinceto^ 


ra, . W. G. Loring, 


60 


975 


143 


19 




. David New comb, . 


48 


817 


12 


126 




. Wm. Cowing, . 


50 


926 


61 


77 




. A. D. Snow, . 


25 


1,028 


125 


25 




. J. W T . Savage, . 


60 


1,484 


- 


- 




. Geo. Lewis, 


111 


440 


12 


9 




. Alfred Mayo, . 


50 


1,381 


67 


22 


Chatham, 


. Otis Eldredge, 


98 


3,135 


26 


25 


« 


. Elias Gould, . 


25 


500 


40 


30 


" 


. N. F. Bloomer, 


75 


3,688 


580 


293 


" 


. Francisco Bloomer, 


75 


3,280 


- 


- 


« 


. Seymour Patterson, 


90 


1,631 


65 


35 


" 


. Harrison Gould, 


50 


922 


18 


20 


c« 


. Edmund Ryder, 


154 


4,930 


804 


474 


" 


. Seth Mallows, 


35 


2,044 


651 


198 


u 


. Geo. Bloomer, 


53 


5,816 


7,448 


817 


" 


Virenus Hamilton, . 


70 


2,532 


406 


338 


" 


. Reuben Bearse, 


105 


2,840 


816 


362 


" 


. W. A. Bloomer, 


91 


6,924 


7,175 


1,536 


" 


. J. Eldredge, . 


30 


579 


92 


11 


C( 


. F. Hitchings, . 


33 


264 


- 


- 


i i 


. Thomas Hal way, , 


66 


1,729 


75 


• 126 


a 


. James Smith, . 


55 


503 


• 70 


52 


'« 


. Oscar Gould, . 


39 


403 


40 


39 


" 


. D. P, Chark, . 


30 


299 


132 


1 


" 


. W. H. Patterson, . 


40 


1,256 


350 


20 


tt 


. Wm. R. Bloomer, . 


60 


2,185 


5,500 


2,087 


It 


. Stephen Gould, 


50 


853 


401 


- 


u 


. E. F. Mayo.* . 


82 


2,234 


289 


115 


" 


. C. F. Eldredge, 


40 


1,200 


650 


80 


Chathampo 


rt, . F. B. Nickerson, 


150 


3,607 


363 


190 


Woods' Ho] 


1, . C. J. Grinnell. 


35 


3,649 


7,658 


525 


u u 


. 0. C. Grinnell, 


50 


2,868 


1,430 


278 


Mattapoiset 


t, . Lillibum Hiller, 


100 


502 


1,772 


116 


it 


. E. B. Hiller, . 


93 


984 


3,071 


114 


" 


. W. L. Richmond, . 


10 


191 


597 


38 



* No. of egg-bearing lobsters sold to the commissioners. — E. F. Mayo, 34. 



1889.] 



PUBLIC DOCUMENT — No. 25 



73 



Returns of Lobster Fisheries — Continued. 



TOWN. 


PROPRIETOR. 


CO 

<t- . 

CO 

CD 


S-c 

o 


imated Num- 
r less than 10 
I inches re- 
rned to the 
ater alive. 


of Epg-bear- 
jj Lobsters re- 
rned to;< the 
ater alive. 








O 9 


gJSfi* 


oBB% 


Mattapoiset 


t, . Albert Winters, 


30 


1,049 


981 


96 


a 


. J. J. Nye, 


20 


206 


655 


30 


" 


. W. E. Bowman, 


100 


1,322 


1,496 


379 


" 


. Frank Bowman, 


40 


434 


740 


82 


Fairhaven, 


. Albert Swain, 


30 


565 


2,901 


94 


44 


. E. D. Sherman, 


14 


662 


421 


19 


Dartmouth, 


. B. Queripel & Son, . 


20 


491 


2,164 


48 


Westport, 


. E. B. Gifford, . 


73 


5,892 


11,017 


566 


it 


. G. A. Gifford, . 


65 


5,149 


8,468 


576 


" 


. G. E. Gifford, . 


40 


1,751 


5,094 


177 


" 


• . T. J. Brightman, . 


58 


2,748 


6,178 


446 


" 


. C. W. Wooclworth, . 


30 


765 


258 


98 


" 


. G. L. Manchester, . 


_ 


_ 


_ 


_ 


" 


. H. F. Hitt, 


20 


485 


852 


33 


" 


. J. W. Manchester, . 


3 


139 


252 


_ 


Gosnold, 


. I. H. Tilton, . 


50 


8,556 


6,112 


880 


" 


. 0. H. Stetson, . 


72 


3,577 


2,969 


165 


" 


. Russell Rotch, 


40 


11,098 


12,195 


2,361 


" 


. Frank Peters, . 


40 


7,170 


4,272 


1,198 


" 


. Timothy Aiken, 


30 


3,498 


3,600 


200 


44 


. E. Brightman, 


30 


3,555 


4,125 


250 




. J. W. Tilton, . 


25 


3,294 


3,314 


183 


Nantucket, 


. J. P. Gardner, 


30 


781 


126 


24 


" 


. John Watkins, 


_ 


_ 


_ 


_ 


tt 


. J. V. Small, . 


37 


736 


77 


8 


44 


. J. F. Ramsdell, 


15 


135 


46 


2 


" 


. Wm. Norcross, 


12 


383 


63 


36 


" 


. C. B. & A. B. Brooks 


75 


6,606 


2,580 


262 


" 


. Arthur Barrett, 


84 


882 


650 


75 


Kingston, 


. E. H. Ransom, 


55 


1,385 


2,160 


62 


Vineyard H 


aven, W. M. Randall, 


14 


701 


415 


7 


n 


H. L. Peakes, . 


7 


135 


160 


5 


Gay Head, 


. C.H.Ryan, . 


25 


1,762 


5,214 


134 


44 


. J. H. Foster, . 


45 


3,105 


8,320 


- 


" 


. Albert Reed, . 


27 


4,307 


9,514 


110 


" 


. C. C. Look, . 


19 


3,174 


8,756 


179 


" 


. L. W. Mayhew, 


40 


8,352 


10,027 


355 


" 


. J. A. Mayhew, 


20 


5,317 


6,928 


213 


" 


. Anderson Poole, 


15 


1,497 


2,356 


22 


" 


. L. E. Cottle, . 


35 


5,588 


10,848 


240 


" 


. Wynn Vincent, 


44 


9,771 


21,737 


635 


44 


, Freeman Smith, 


26 


2,775 


4,037 


185 


" 


. Wm. Mayhew, 


21 


3,613 


6,608 


155 


a 


. Hillard Mayhew, . 


25 


1,235 


3,135 


9 


a 


. Rodney P. Reed, 


22 


5,048 


8,121 


194 


Chilmark, 


. Clarence Cleveland, 


39 


5,815 


12,470 


612 


" 


. Luther Atheorn, 


40 


4,288 


13,731 


277 


44 


. Joseph Tilton, 


24 


3,806 


8,135 


230 


(4 


. Franklin Tilton, 


11 


747 


2,015 


29 



74 



FISH AND GAME, 



[Dec. '89, 



Returns of Lobster Fisheries — Concluded. 









m 












a> 


S^g£ 




TOWN. 


PROPRIETOR. 


2 


00 

O 


ited Nu 
ss than 
nches 
d to 
r alive. 


Egg-be 
obsters 
d to 
r alive. 






CO 


o g 




<~j 5 <" 










S v. c C «S 


tot « 






6 2 


65 


%*AS* 




Chilmark, . 


W. B. Luce, . 


20 


710 


1,894 


26 


" 


Onslow Stewart, 


36 


5,080 


12,457 


234 


" 


Hiram Poole, . 


18 


2,594 


6,327 


29 


« 


Edward Mayhew, . 


15 


748 


709 


11 


No Man's Land, . 


Welcome Tilden, . 


60 


6,960 


8,715 


176 


" " 


Cottle & Cottle, . 


200 


25,747 


12,375 


1,346 


" " 


Geo. H. Butler, Jr., 


50 


12,252 


6,195 


281 


Totals, . 


344 men. 


20,016 


1,359,645 


1,946,339 


61,832 



[APPENDIX I.] 

TABLES SHOWING RETURNS OE WEIRS, 

GILL-NETS AND SEINES. 



76 



FISH AND GAME. 



[Dec. 



[I.] 

Table I. — Pounds and Weirs. — Shoiuing 













ei 




o5 




TOWN. 


PROPRIETOR. 


a 




CO 

> 


C 


53 


03 

M 








1 


03 


OB 


o3 


fit 

a 


.9* 


ft 

3 






"3 


ft 




<a 






o 






02 


OQ 


<< 


m 


S 


0G 


m 


Ipswich, 


W. B. Atkinson, 


_ 


14 


5,600 


_ 


2,800 


_ 


_ 


Rockport, . 


- 


- 


- 


- 


- 


- 


- 


- 


Gloucester, . 


Joseph Douglass, 


- 


33 


1,500 


53,700 


9,900 


- 


- 


" 


Joseph Parsons, . 


- 


945 


22,074 


100,825 


14,174 


- 


- 


" 


A. Varney 


- 


- 


13,250 


30,575 


536 


- 


- 


Magnolia, . 


Alphonso Tarr, . 


- 


107 


6,600 


933,900 


350,214 


- 


- 


'« 


Frank & C. W. Tarr, 


- 


- 


- 


96,690 


8,610 


1 


- 


Manchester, 


J. G. & E. W. Heath, 


- 


27 


7,200 


734,350 


338,600 


6 


- 


«' 


Wm.Elwell, 


- 


- 


1,704 


151,810 


22,980 


- 


- 


" 


Jones Bros. & West, . 


- 


- 


- 


79,845 


25,275 


- 


— 


Marblehead, 


G. W. Douglass, 


- 


- 


70,000 


177,650 


19,050 


- 


- 


Plymouth, . 


G-. A. Finney, . 


- 


- 


- 


- 


32,325 


- 


- 


<< 


J. C.& E.Barnes, . 


— 


- 


18,535 


- 


- 


- 


- 


Barnstable, . 


R. S. Perry, 


_ 


52 


- 


- 


4,000 


- 


- 


Dennis, 


Z.H.Baker, 


- 


561 


40,551 


146,450 


306 


11 


3 


«< . 


H. S. Rogers, . 


- 


- 


- 


- 


- 


- 


- 


" 


Sears Brothers, . 


_ 


- 


- 


- 


- 


- 


- 


«« 


Thacher Kelley, . 


- 


27 


27,256 


14,826 


1,300 


25 


- 


" 


Wm. Chalk, 


- 


16 


61,483 


17,457 


74 


27 


— 


«« 


EilertWefer, . . . 


_ 


_ 


2,500 


- 


- 


- 


- 


«« 


Chas. Wall, 


_ 


29 


_ 


3 


- 


- 


2 


Harwich, 


D. F. Weeks & Co., . 


_ 


167 


2,385 


2,500 


- 


- 


9,042 


" 


Cyrus Nickerson, 


- 


29 


- 


20,000 


- 


- 


10,072 


'« 


T.B. Baker & Co., . 


- 


66 


- 


- 


8,800 


- 


27,600 


Brewster, . 


James Eldredge, 


- 


100 


- 


- 


- 


2 


- 


«< 


Neil Nelson, 


- 


1,510 


50 


3,000 


- 


20 


- 


«« 


Howard Winslow, 


- 


_ 


26,589 


- 


- 


- 


- 


Eastham, 


W. H. Nickerson, 


- 


114 


65 


22,000 


289 


- 


- 


" 


I. H. Horten, 


- 


1 


- 


- 


- 


- 


- 


«« 


Peter Higgins, . 


- 


507 


215 


24,445 


30,000 


5 


- 


Wellfleet, . 


Winslow Paine, . 


- 


- 


238,560 


- 


- 


- 


- 


" 


W. F. Pierce, . 


- 


_ 


- 


116,240 


- 


- 


- 


Truro, . 


P. L. Paine, 


- 


1,533 


97,726 


193,694 


8,888 


- 


22 


"... 


Gh & N. B. Rich, 


5 


472 


15,640 


91,170 


35,598 


1 


25 


"... 


R. A. Rich 


_ 


567 


- 


3,772,400 


24,500 


- 


6 


"... 


S.B. Atwood, . 


_ 


589 


120 


710,876 


11,665 


- 


5 


it 


A. Huges & Co., 


- 


1,958 


- 


2,272,505 


51,445 


279 


41 


"... 


S.F.Hardy, 


- 


37 


4,650 


769,850 


- 


- 


- 


Provincetown, . 


H. J. Lewis, 


- 


- 


2 


213,485 


250 


- 


- 


«« 


S. T. & L. Nickerson, 


_ 


- 


- 


160,500 


- 


1 


- 


«« 


I. B. Lewis, 


_ 


5 


- 


- 


- 


15 


- 


ii 


Solomon Bangs, . 


_ 


300 


2,400 


923,083 


- 


- 


- 


" 


Wm. & Sylvester Ellis, . 


- 


- 


- 


9,000 


- 


3 


- 


«« 


T. K. Paine, 


- 


- 


- 


611,160 


- 


- 


- 


«« 


Starr & Freeman, 


_ 


_ 


- 


30,150 


705 


- 


167 


Chatham, . 


Benj. Mallows, . 


- 


1,247 


6,500 


156,600 


- 


- 


- 


«• 


A. Harding & Co., 


- 


462 


90,100 


165,000 


4,000 


- 


— 


" 


S.S.Ellis, . 


- 


2,142 


2,000 


632,600 


- 


- 


- 


•« 


Joshua Eldredge, 


_ 


7 


941 


- 


- 


- 


470 


ii 


G. W. Crowell & Co., 


- 


309 


7,572 


47,406 


- 


96 


6,324 


««" 


Reed, Loveland & Co., 


_ 


2,558 


17,400 


1,969,800 


6,800 


2 


- 


<« 


Alpheus Mayo & Co., 
S. W. Gould & Co., . 


_ 


9 


2,450 


- 


605 


9 


755 


k 


1 


115 


2,894 


114,600 


195 


1 


48 


*' 


S. F. Bearse & Co., . 


_ 


2,343 


10,536 


211,030 


- 


- 


- 


Falmouth, . 


P. M. Stewart, . 


_ 


35 


3,436 


- 


4,504 


131 


28,057 


«« 


C. B. Coombs & Co., . 


_ 


30 


17,892 


- 


664 


49 


4,886 


ii 


Peter Wainwright, 


_ 


1 


1,700 


- 


10 


1,988 


9,223 


" 


Moses Rogers & Co., . 


- 


48 


18,237 


5 


- 


- 


123,134 


« 


John Rogers, 


_ 


21 


36,230 


- 


11,365 


- 


82,230 


«« 


Isaiah Spindle & Co., 


_ 


57 


6,225 


8 


5,505 


6 


54,364 


Mattapoisett, 


A. B. Bowman, . 


- 


- 


2,600 


- 


500 


- 


5 


" 


W. A. Gammon, 


- 


- 


1,777 


- 


- 


2 


- 


it 


J.B.Dunn, 


" 


- 


13,946 


~ 


~ 


35 


1 



1889.] 



PUBLIC DOCUMENT — No. 25, 



77 



the Catch of Each during the Year 1889. 



<o 














"e3 

Si 






■a 

a 

es 




2 


a 

OS 


to 

s 

M 


CO 
OQ 

OS 

pq 

cS 
OQ 


| 

3 

pq 


2 
2 


6 

o 
pq 


OJ 

i. 
oj 
M 

o 
03 


■2 8 

•as 

oS 
P. 

OQ 


3 


si 

o 

"8 

OS 

H 


a os 


W 


•3 

w 

Is 

o 


- 


- 


- 


- 


- 


- 


194 


- 


- 


- 


- 


- 


4,800 


_ 


_ 


_ 


300 


_ 


_ 


4,956 


_ 


_ 


2 


87 


60 


z 


- 


- 


- 


3,400 


- 


- 


14,568 


- 


- 


- 


414 


_ 


_ 


- 


- 


- 


740 


- 


- 


2,882 


- 


- 


14 


995 


84 


_ 


- 


- 


- 


60,541 


- 


- 


34,580 


- 


- 


146 


780 


_ 


22,919 


- 


- 


- 


- 


- 


- 


4,654 


- 


- 


- 


- - 


- 


2,603 


- 


- 


- 


57,751 


- 


38 


25,312 


2 


7 


42 


325 


- 


_ 


- 


- 


- 


6,550 


- 


26 


8,329 


- 


- 


59 


254 


223 


117 


- 


- 


- 


11,223 


- 


- 


8,775 


- 


- 


- 


- 


_ 




- 


- 


- 


14,496 


- 


- 


7,770 


- 


- 


- 


- 


- 


_ 


~ 


- 


~ 


950 


- 


- 


10,246 


- 


- 


- 


- 


- 


75 


- 


_ 


_ 


300 


_ 


2 


50,780 


- 


_ 


5,380 


_ 


_ 


210 


- 


74 


8 


801 


11 


52 


221 


1 


990 


19 


1,766 


513 


1,425 


- 


- 


- 


- 


- 


- 


20,000 


- 


1,000 


- 


_ 


_ 


_ 


- 


- 


- 


- 


- 


- 


8,200 


- 


6 


10 


_ 


_ 


_ 


- 


118 


- 


55 


16 


_ 


- 


33 


_ 


18 


27 


9 


_ 


1 


28 


2 


16 


1,566 


- 


- 


- 


29 


105 


12,737 


167 


1,129 


2 


_ 


_ 


1,843 


_ 


41 


22,033 


11 


84 


39 


_ 


4 


I 


11 


240 


3,349 


8,241 


- 


703 


2,265 


- 


315 


241 


20® 


_ 


179 


48 


1,550 


1,793 


20,010 


- 


673 


7,315 


1 


400 


279 


_ 


_ 




- 


- 


- 


24,765 


- 


368 


1,310 


- 


61 


- 


385 


_ 


13 


- 


- 


- 


- 


- 


- 


1,343 


- 


8 


- 


- 


_ 


_ 


2 


- 


- 


- 


- 


- 


1,375 


- 


445 


1,033 


- 


2,100 


50 


- 


- 


_ 


_ 


_ 


_ 


968 


_ 


_ 


57 


448 


z 




- 


- 


- 


- 


- 


- 


1,915 


- 


150 


- 


-. 


- 


- 


- 


_ 


_ 


_, 


_ 


6 


14,032 


_ 


21 


_ 


_ 


667 


" 


1 


- 


- 


_ 


- 


- 


2,550 


- 


441 


28 


_ 


_ 


_ 


- 


42 


- 


9,395 


- 


32 


48,647 


- 


29 


606 


3,162 


_ 


486 


-. 


27 


- 


1,550 


- 


- 


9,132 


- 


- 


8 


2,288 


_ 


241 


- 


- 


- 


10,416 


- 


1 


40,009 


- 


4 


1,778 


1,876 


339 


448 


- 


14 


- 


13,686 


1 


16 


39,003 


- 


18 


101 


11,154 


7 


_ 


- 


- 


- 


61,670 


- 


- 


242,430 


- 


88 


1,837 


26,287 


82 


_ 


— 


- 


- 


8,403 


- 


9 


52,600 


- 


- 


3 


2,355 


_ 


171 


- 


- 


- 


14,165 


- 


- 


8,262 


- 


- 


81 


4,050 


221 


9,000 


- 


- 


- 


1,650 


- 


- 


6,450 


- 


- 


- 


9,399 


100 


_ 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


13,000 


300 


_ 


- 


- 


- 


2,246 


- 


- 


12,844 


- 


8 


_ 


130 


_ 


_ 


- 


- 


- 


- 


- 


- 


1,277 


- 


- 


41 


4,538 


_ 


_ 


- 


- 


- 


- 


- 


- 


8,984 


- 


- 


- 


_ 


_ 


. 


- 


- 


- 


- 


- 


- 


731 


- 


14 


148 


1,638 


_ 


_ 


- 


- 


- 


- 


- 


- 


16,975 


28 


480 


_ 


1,750 


_ 


1,080 


- 


3 


40 


1,632 


- 


421 


13,754 


- 


22 


4 


35 


_ 


984 


16 


- 


67 


2,524 


- 


93 


13,447 


- 


- 


109 


342 


_ 




34 


- 


- 


- 


- 


38 


4 


- 


19 


11 


404 


52 


_ 


78 


446 


253 


60,723 


- 


975 


6,751 


- 


1,943 


334 


5,331 


453 


_ 


28 


- 


112 


14,800 


5 


850 


31,445 


- 


100 


48 


7,000 






15 


88 


157 


28,758 


- 


843 


11,221 


_ 


419 


8 


_ 


357 


34 


11 


86 


158 


1,631 


- 


1,853 


5,433 


- 


202 


31 


3,510 


9 


1 


- 


- 


- 


13,020 


- 


1,818 


16,588 


- 


_ 


_ 


_ 






440 


306 


4,372 


23,365 


4 


892 


903 


- 


1,079 


1,606 


1,695 


_ 


2 


161 


527 


- 


1,330 


- 


88 


111 


4 


21 


266 


803 


_ 




38 


16 


348 


9,850 


- 


168 


79 


15 


12 


31 


119 






6,184 


38 


- 


57,310 


- 


386 


281 


_ 


4 


788 


1,952 


_ 


6,779 


1,442 


- 


5,520 


76,420 


- 


932 


695 


20 


145 


2,344 


1,342 


_ 




811 


132 


5,190 


22*926 


- 


199 


557 


105 


776 


476 


864 


_ 




150 


- 


- 


10,000 


- 


1 


2 


15 


150 




100 


200 


_ 


181 


- 


- 


- 


- 


- 


- 


- 


1,556 


21 


235 


37 


_ 


43 


51 


42 


7,945 


5 


' 


4 


- 


- 


983 


443 


120 


136 



78 



FISH AND GAME. 

Table I. — Concluded. 



[Dec. 



TOWN. 


PROPRIETOR. 


a 




to 


B 


a 

•a 


to 

as 
03 

M 
•a 








© 

a 


•a 


% 


W 


.c 


3? 


a 








03 
.C 
W2 


£ 


02 


3 


QQ 


s 


Faii-haven, . 


D.C.Potter, 


_ 


1 


2,752 






3 




«« 


D. W. Deane, . 




- 


6 


42,879 


32,823 


4,819 


145 


6,555 


" 


R. W. Pease & Co., 




- 


73 


64,500 


10,850 


13,000 


575 


24,250 


" 


G. L. Hiller, 




- 


16 


17,384 


- 


300 


68 


2,967 


" 


C. H. Pease, 




- 


28 


70,429 


- 


_ 


30 


24,381 


" 


S. P. Dunn & Son, 




- 


8 


25,732 


- 


3,017 


50 


1,453 


'< 


G-. R. Wixon, . 




- 


3 


13,800 


12 


560 


12 


3,184 


<« 


Ebenezer Mott, . 




- 


2 


38,500 


4 


255 


6 


96 


Dartmouth, . 


W. S. Mathews, 




- 


4 


5,902 


28 


1,587 


13 


187 


'< 


Snell & Backus, . 




- 


64 


12,185 


196 


786 


7 


71 


(i 


G-. A. Snell, 




- 


318 


27,996 


2,232 


2,864 


32 


22,134 


" 


George Priaulx, . 




- 


46 


17,764 


1,605 


9,260 


- 


27,512 


" 


Gifford & Tallman, 




- 


51 


11,610 


92 


2,351 


51 


830 


" 


Nicholas Priaulx, 




- 


106 


19,175 


2,049 


6,472 


- 


26,622 


" 


A. R. Reed, 




- 


56 


22,856 


1,832 


5,525 


159 


922 


«' 


J. P. Briggs, . 




— 


50 


20,779 


1,051 


2,095 


738 


125 


'< 


Benj. Queripel, . 




- 


18 


10,774 


5,040 


- 


- 


10,520 


" 


Waite & Smith, . 




- 


155 


92,255 


6,176 


3,817 


190 


9,028 


" 


C. F. Manchester, 




- 


45 


20,600 


- 


- 


69 


1,603 


" 


Gideon Howland, 




1 ' 


2,202 


- 


4,079 


5,208 


- 


4,775 


" 


Jonas Travers, . 






25 


14,591 


173 


4,403 


2 


8,441 


Westport, . 


J. M. Sowle, 




- 


- 


4,352 


- 


- 


- 


- 


Gosnold, 


John Manley, 




— 


24 


1,816 


55 


150 


- 


57,753 


" 


J. P. Hopkins, . 




- 


- 


- 


- 


- 


- 


87,740 


« 


A. B. Veeder & Co., 




- 


- 


17,030 


- 


- 


- 


154,450 


«< 


Allen & Bosworth, 




- 


_ 


4,607 


- 


- 


3 


48,105 


«« 


Church & Keeney, 




- 


83 


8,170 


765 


- 


1 


77,214 


" 


C. C. Allen, 




1 


469 


943 


490 


14,465 


- 


23,800 


<« 


T. Aiken, Jr., . 




- 


_ 


- 


— 


- 


- 


91,950 


«« 


Holmes & West, 




_ 


4 


4,820 


161 


583 


- 


41,220 


«« 


F. A. Veeder & Co., 




- 


- 


1,490 


- 


- 


- 


104,800 


«« 


J. J. Veeder, 




- 


42 


2,645 


- 


280 


- 


18,395 


Vineyard Haven, 


C. B. Cleveland, . 




- 


8 


2,295 


3,300 


13,700 


3 


- 


s< (c 


0. D. Bradley, . 




- 


- 


50 


12 


- 


- 


- 


(i >i 


W.M.Vincent, . 




— 


1 


- 


- 


4,360 


5 


2,252 


Tisbury, 


W. L. Pease, 




- 


3 


1,225 


- 


- 


17 


16,038 


'< 


O. S. Daggett, . 




- 


42 


- 


1,928 


39,838 


26 


— 


«< 


Jason Luce & Co., 




- 


2,000 


- 


- 


- 


- 


27,785 


Gay Head, . 


Bartimus Luce, . 




j - 


8 


3,935 


37,290 


9,101 


- 


30,887 


Chilmark, . 


R. Flanders & Co., 




- 


3 


2,608 


312 


6,195 


- 


9,223 


*' 


H. 0. Poole & Co., 




| " 


576 


1,930 


3,039,935 


11,246 


4 


24,936 




Totals (103), . . 1 7 


25,591 


1,417,950 


17,000,308 


1,203,669 


4,924 


1,331,673 



1889.] 



PUBLIC DOCUMENT — No. 25, 
Table I. — Concluded. 



79 



V 

3 
bo 

c3 


"3 
so 


(0 

03 


J3 

to 


CO 

2 


6 


S-, 
0J 


«3 


.3 

CO 
53 


o 


3 
c3 

to . 
5J3 

"SB 

3 03 




3 
'-3 

fa 

ls4 


3 


s - 


<a 




O 


a 




03 


B 


3 






,ag 


o< 




03 


3 


u 


o 




ft 




03 


°S 


<u 




to 


5 


GO 


PQ 


fc< 


« 


S 


CO 


5 


H 


fa 


fa 


O* 


6 


2 




168 












183 


647 


6 


41 


853 


756 


313 


119,138 


11,567 


34 


824 


14 


1,682 


12,448 


14,297 


4,078 


3,959 


700 


- 


- 


- 


- 


- 


2,900 


- 


277 


9,615 


12,723 


4,750 


6,200 


300 


229 


281 


12,199 


197 


6 


1,126 


8 


25 


2,710 


4,976 


91 


323 


594 


407 


2,099 


106,578 


- 


29 


490 


- 


97 


4,979 


8,107 


- 


- 


450 


366 


424 


7,812 


- 


1 


40 


- 


8 


2,609 


2,259 


155 


1,681 


189 


64 


28 


1,148 


- 


3 


12 


4 


474 


548 


1,704 


5 


10 


23 


76 


37 


3,444 


691 


- 


71 


3 


- 


1,944 


1,321 


456 


925 


140 


2 


2 


771 


50 


104 


27 


43 


2 


381 


3,916 


1,531 


3,385 


381 


- 


58 


322 


- 


- 


37 


- 


71 


199 


462 


- 


- 


1,429 


95 


360 


15,787 


- 


157 


47 


75 


598 


865 


5,093 


1 


6,800 


2,111 


17 


654 


15,233 


345 


327 


146 


96 


104 


1,234 


8,813 


- 


- 


262 


28 


44 


16,577 


- 


59 


830 


- 


24 


40 


112 


- 


- 


- 


6 


8 


21,046 


1,426 


- 


560 


8 


- 


2,671 


3,149 


29 


- 


1,713 


37 


- 


1,258 


- 


- 


101 


- 


303 


597 


4,959 


- 


71 


552 


28 


- 


988 


257 


2 


3 


2 


253 


1,501 


4,212 


190 


48 


122 


2 


2 


27,873 


- 


19 


85 


- 


- 


113 


1,432 


'- 


2,543 


3,152 


- 


146 


4,448 


1,570 


53 


196 


18 


396 


2,958 


15,277 


- 


- 


337 


65 


136 


15,246. 


- 


16 


44 


- 


- 


370 


365 


- 


- 


2,743 


- 


- 


5,060 


- 


- 


90 


- 


- 


1,399 


3,680 


100 


- 


336 


11 


1 


5,599 


- 


49 


116 


- 


- 


277 


742 


- 


506 


- 


- 


- 


- 


- 


- 


- 


- 


_ 


_ 


- 


680 


473 


- 


42 


8,546 


8,691 


4,970 


- 


104 


- 


- 


- 


452 


- 


2,151 


- 


- 


2,800 


39,833 


- 


- 


5,690 


- 


- 


- 


- 


- 


- 


- 


- 


24,100 


40,836 


- 


- 


2,617 


- 


- 


729 


4,577 


- 


- 


- 


5 


5,691 


3,695 


315 


175 


741 


- 


91 


102 


1,177 


- 


- 


63 


- 


13,244 


17,129 


2,265 


25 


1,463 


- 


21 


84 


1,536 


- 


117 


81 


130 


9,005 


6,001 


645 


650 


305 


- 


33 


455 


11,511 


1 


12,801 


- 


- 


20,500 


4,725 


- 


- 


- 


- 


- 


- 


- 


- 


- 


7 


2 


1,150 


23,325 


6,546 


- 


107 


- 


290 


10 


12,422 


- 


- 


- 


- 


5,225 


286,700 


- 


- 


866 


- 


- 


4 


1 


- 


- 


325 


134 


1,985 


11,130 


- 


276 


282 


- 


115 


- 


612 


- 


485 


244 


- 


- 


1,100 


- 


- 


9,700 


- 




- 


5,852 


- 


- 


- 


- 


- 


- 


629 


- 


- 


- 


_ 


- 


2,060 


1,988 


1,290 


115 


315 


1,400 


200 


- 


3,405 


171 


- 


34 


- 


395 


- 


- 


459 


- 


10,713 


1,700 


1,750 


363 


1,591 


- 


495 


1 


1,045 


- 


1 


661 


- 


- 


- 


- 


- 


550 


- 


543 


1,006 


3,093 


- 


16,584 


602 


- 


4,949 


- 


- 


761 


1,946 


- 


- 


- 


3,155 


- 


- 


1,727 


10 


9,392 


13,356 


52,436 


7,763 


10,890 


- 


144 


25 


11,254 


- 


- 


1,755 


32 


2,816 


4,728 


- 


7,029 


362 


- 


67 


209 


2,871 


- 


_ 


3,914 


64 


12,998 


6,111 


22,265 


4,254 


20,024 


18 


94 


318 


5,414 


2 


- 


36,043 


7,111 


160,518 


1,452,336 


109,672 


36,984 


825,152 


524 


17,287 


69,719 


289,993 


20,167 


93,303 



80 



FISH AND GAME. 



[Dec. 



Table II. — Gill and Sweep Nets. — Showing 













fci 




in 












09 


a 


a 

CJ 






TOWN. 


PROPRIETOR. 


e 

o 

a 


-a 

OS 


> 


cj 


T3 
S3 

a 


■a 

OJ 










.a 

CO 


< 


go 


1 


CO 


o 


Newburypoi 


t, . P. C. Stevens, . 


_ 


_ 


. 


_ 


161,250 


_ 


_ 


" 


. Dennet Aubin, . 




- 


- 


- 


1,038,255 


2,517,100 


- 


- 


<< 


. Richard Pierce, . 




- 


- 


120,000 


54,900 


- 


- 


- 


'« 


. C. A. Caswell, . 




- 


- 


42,600 


255,700 


58,000 


- 


- 


Rockport, 


. Chas. Norwood, . 




- 


- 


- 


6,440 


300 


- 


- 


<« 


. Chester Gott, 




- 


- 


- 


25,600 


- 


- 


- 


«< 


. Geo. Wendall, . 




- 


- 


- 


4,335 


- 


- 


- 


" 


. Gilbert Rich, 




_ 


- 


200 


16,260 


4,300 


- 


- 


«» 


. Everett Conley, . 




- 


- 


2,020 


13,720 


- 


- 


- 


<< 


. Calvin Parsons, . 




_ 


2 


202 


3,392 


72 


- 


- 


" 


. Wm. Lewis, 




- 


- 


190 


2,069 


75 


- 


- 


« 


. E. C. Parsons, . 




_ 


70 


963 


3,441 


3,504 


- 


- 


« ( 


. Andrew Morgan, 




- 


- 


- 


3,529 


- 


- 


- 


" 


. J. A. Poole, 




- 


- 


- 


1,500 


- 


- 


- 


«< 


. Constance Surrat, 




- 


_ 


- 


250 


- 


- 


- 


<< 


. S. M. Davis, 




- 


25 


- 


- 


- 


- 


_ 


" 


. B. F. Fretch, 




_ 


- 


- 


1,700 


- 


- 


- 


" 


. J. J. Poole, . 




- 


- 


- 


_ 


_ 


- 


_ 


«< 


. J.S.Newman, . 




_ 


29 


1,065 


1,287 


227 


- 


- 


«< 


. Hudson Smith, . 




_ 


1 


1,506 


1,472 


226 


- 


- 


«» 


. Alfred Saunders, 




- 


- 


- 


- 


- 


- 


- 


<< 


. G. A. Saunders, . 




- 


- 


- 


- 


2,300 


- 


- 


«« 


. Chris. Anderson, 




_ 


- 


300 


1,900 


- 


- 


- 


" 


. Joseph Brown, . 




_ 


- 


- 


- 


- 


- 


- 


ti 


. James Frost, 




_ 


43 


216 


1,343 


- 


- 


- 


<< 


. Joseph Bushey, . 




- 


- 


- 


- 


- 


- 


- 


«< 


. Merdock Matherson, 




- 


- 


- 


- 


- 


- 


- 


•« 


. Alonzo Withey, . 




- 


1 


1,560 


1,845 


755 


- 


- 


(■ 


. J. F. Elwell, 




- 


- 


- 


1,486 


- 


- 


- 


«' 


. J. J. Woodbury, Jr., 




_ 


- 


- 


12,680 


18,244 


- 


- 


" 


. Bartlett Morgan, 




- 


- 


- 


3,871 


4,690 


- 


- 


«' 


. Alfred Morgan, . 




- 


- 


- 


3,300 


- 


- 


- 


" 


. Ezra Haraden, . 




- 


- 


- 


8,906 


- 


- 


- 


<< 


. Wm. Saunders, . 




_ 


- 


- 


5,555 


4,065 


- 


- 


(< 


. Joseph Saunders, 




- 


- 


487 


770 


3,137 


- 


- 


" 


. B. F. Bowden, . 




- 


- 


- 


- 


- 


- 


- 


« i 


. Geo. Haraden, . 




_ 


- 


- 


3,400 


11,375 


- 


- 


<< 


. L. J. Saunders, . 




- 


- 


233 


74 


- 


- 


- 


<« 


. James McKay, . 




_ 


- 


610 


2,591 


- 


- 


- 


Gloucester, 


. D. C. McCaleb, . 




- 


- 


- 


20,000 


- 


- 


- 


" 


. Douglass & Hodgkins 




- 


- 


- 


- 


64 


- 


- 


" 


. Benj. Brazier 




- 


- 


- 


- 


- 


- 


- 


<< 


. John Davis, 




- 


- 


- 


8,070 


834 


- 


- 


«< 


. S. H. Bates, 




- 


- 


- 


- 


- 


- 


- 


<< 


. Sam'l Wiley, 




_ 


- 


- 


73,700 


- 


- 


- 


<< 


. Alleu Robiuson, 




- 


- 


- 


1,200 


1,500 


- 


- 


«« 


. Edward McEmmons, 




_ 


_ 


- 


5,750 


- 


- 


- 


«« 


. Alex. Sargent, . 




_ 


- 


925 


225 


3,825 


- 


- 


" 


. Otis Robinson, . 




- 


- 


- 


1,450 


3,200 


- 


- 


«< 


. Wm. Sargent, 




- 


- 


- 


- 


- 


- 


- 


Magnolia, 


. J. G. Burnham, . 




- 


- 


- 


30,900 


- 


- 


- 


Swampscott 


. G. H. R. Horton, 




- 


- 


- 


- 


96,170 


- 


- 


" 


. T. W. Brackett, . 




- 


- 


- 


- 


- 


- 


- 


<< 


. Nath. Blanchard, 




_ 


- 


2,300 


10,800 


6,720 


- 


- 


«< 


. Wm. Martia, 




- 


- 


- 


23,675 


- 


- 


- 


Cohasset, 


. John Silvia, 




- 


- 


- 


- 


- 


- 


- 


«' 


. Joseph Vandura, 




- 


- 


- 


- 


- 


- 


- 


'< 


. Levi Cadose, 




- 


- 


- 


- 


- 


- 


- 


<< 


. Rob't Ainsley, . 




_ 


- 


- 


1,6'tO 


- 


- 


- 


Scitnate, 


. John Welch, 




- 


- 


- 


- 


- 


- 


- 


" 


. Dudley Connor, . 




- 


_ 


- 


- 


- 


- 


- 


<< 


. Richard Hoar, 




w 


_ 


- 


1,20*) 


- 


- 


- 


«« 


. Wm. Ward, 




_ 


_ 


- 


20,950 


- 


- 


- 


«( 


. T. L. Prouty, . 




~ 


- 


2 


33 


700 


- 


~ 



1889.] 



PUBLIC DOCUMENT — No. 25 



81 



the Catch of Each during the Year 1889. 





aj 






00 


M 


c 


03 






M 


X 



■ss 



o 



2,783 



189 
361 



467 



463 



200 
842 
365 



158 

284 

3,038 



207 



249 



1,842 



106 
50 



55 



;;•-> 



_ 


_ 


<» 


- 


296 




975 


- 


596 


- 


1,241 


- 


1,436 


- 


965 


- 


663 


- 


1,595 


- 


19 


- 


21 


- 


2,075 


- 


1,217 


- 


310 


- 


1,140 


- 


534 


- 


1,919 


- 


1,288 


- 


6,930 


- 


1,229 


- 


9,176 


- 


3,332 


- 


12 


- 


9,050 


- 


402 


- 


292 


- 


783 


- 


410 


- 


1,340 


- 


223 


_ 


757 


- 


10,100 


- - 


343 


- 


455 


_ 


1,110 


- 


5,000 


- 


1,662 


" 


153 


_ 


3,012 


- 


22,600 


- 


172 


- 


619 


- 


1,332 


- 


341 


- 


6,137 


" 


390 


_ 


190 


- 


626 


- 


300 


_ 


59 


" 


52 


_ 


179 


_ 


409 


_ 


820 


1 


50 


_ 


12,470 


- 


H, 


1 



86,085 
42,500 



32 



03 



77 



48 

62 

246 



496 
352 



246 



l,37t 
3,041 



6,741 



800 

1 



82 



FISH AND GAME. 

Table II. — Continued. 



[Dec 













to 




to 

00 












(A 


~ 


a 
a 


PQ 




TOWN. 


PROPRIETOR. 


o 




<V 


O) 


T3 

5 


-a 








2 


•6 


"% 






a. 


a 










<s 


ei 






a 






"5 


JZ 




W 






t> 






r. 


Xt 


**< 


w 


f% 


02 


02 


Scituate, 


"Wm. Turner, 








450 


50 






'< 




J. P. Jordan, 


- 


- 


- 


814 


475 


- 


97 


" 




Chris. O'Neil, . 




- 


_ 


- 


2,490 


- 


- 


- 


" 




Caleb Bates, 




- 


- 


- 


1,100 


500 


- 


- 


<> 




Wm. Bates, 




- 


- 


_ 


• - 


- 


- 


- 


" 


: 


Thomas Dwyer, . 




- 


- 


- 


5,225 


- 


- 


- 


<< 




G. F. Edson, 




- 


_ 


- 


35 


11,175 


- 


_ 


" 




John Flaherty, . 




_ 


_ 


- 


317 


- 


- 


_ 


<< 




Dennis McCarthy, 




_ 


- 


- 


700 


- 


- 


- 


Brant Rock, 


Fred Keene, 




_ 


_ 


_ 


- 


451 


- 


_ 


" 


Wm.Tolman, . 




- 


- 


- 


- 


- 


- 


_ 


Barnstable, . 


J. D. Kellev, 




- 




- 


- 


- 


- 


376 


<i 


C.E.Bearse, 




- 


- 


- 


- 


- 


- 


_ 


" 


M. Sturges, 




- 


- 


- 


- 


- 


- 


- 


Dennis, 


J. H. Long, 




- 


- 


- 


- 


- 


- 


_ 


" 


Sylvanus Wixon, 




- 


- 


- 


- 


1,742 


- 


89 


" 


A. J. Edwards, . 




- 


- 


- 


- 


- 


- 


- 


«< 


G. G. Snow, 




_ 


- 


- 


- 


. 4,000 


- 


_ 


South Yarmouth, 


H. F. Crowell, . 




- 


- 


50,075 


- 


- 


- 


- 


t< << 


D. S. Baker, 




- 


- 


7,186 


- 


- 


- 


- 


k n 


Long Pond Fish Co., 




_ 


- 


56,700 


- 


- 


- 


_ 


Harwich, 


W. T. Tuttle, . 




- 


- 


- 


- 


- 


- 


- 


Easthara , 


J. W. Lincoln, . 




_ 


_ 


- 


- 


- 


- 


_ 


" 


J. F. Walker, . 




- 


_ 


- 


- 


- 


- 


- 


Truro, . 


C. II. Collins, . 




_ 


_ 


- 


221 


360 


- 


_ 


"... 


B. F. Lombard, . 




- 


- 


- 


- 


- 


- 


- 


"... 


C. M. Grozier, . 




- 


_ 


- 


- 


- 


- 


- 


"... 


H. King, . 




- 


- 


- 


- 


- 


- 


'- 


"... 


R. S. Lombard, . 




- 


- 


- 


- 


- 


- 


- 


"... 


B. Hatch, . 




_ 


_ 


_ 


- 


- 


- 


_ 


"... 


J. Smith, . 




- 


- 


- 


- 


- 


- 


- 


"... 


Geo. T. Lewis, . 




- 


- 


- 


- 


- 


- 


- 


Provincetown, . 


H. W. Harvender, 




_ 


- 


- 


- 


- 


- 


- 


" 


Reuben Mayo, . 




- 


_ 


- 


- 


- 


- 


- 


" 


Geo. Lewis, 




_ 


_ 


- 


- 


1,730 


- 


- 


" 


H. L. Mayo, 




_ 


105 


- 


- 


- 


- 


- 


" 


J. H. Lewis, 




_ 


_ 


- 


- 


- 


- 


- 


<• 


R. H. Atwood, . 




_ 


_ 


- 


- 


- 


- 


- 


" 


Isaac Tyler, 




- 


- 


- 


4,712 


- 


- 


- 


" 


J. E. Weeks, 




- 


- 


- 


- 


- 


- 


- 


'< 


M. S. Brown, 




_ 


_ 


- 


- 


- 


- 


- 


<< 


F. J. Sears, . 




_ 


-_ 


- 


- 


- 


- 


- 


" 


A. L. Daggett, . 




- 


_ 


- 


1,550 


- 


- 


- 


" 


Charles Williams, 




- 


- 


- 


- 


- 


- 


- 


" 


Alfred Mayo, 




- 


- 


- 


- 


- 


- 


- 


" 


Wra. Dyer, . 




- 


- 


- 


- 


- 


- 


- 


<» 


L. B. Kelley, . 




_ 


_ 


80 


- 


440 


- 


- 


" 


Jo8eph Ellis, 




- 


- 


33 


137 


99 


- 


- 


" 


C. Williams, Jr , 




- 


- 


- 


- 


- 


- 


- 


" 


I. H. Dyer, . 




- 


_ 


- 


- 


- 


- 


- 


" 


J. C Weeks, Jr., 




_ 


_ 


- 


- 


- 


- 


- 


" 


R. C. Tarrant, . 




_ 


_ 


- 


- 


- 


- 


- 


" 


Jonah Newcomb, 




_ 


_ 


- 


- 


- 


- 


- 


" 


J. W. Savage, 




_ 


- 


20 


- 


- 


- 


- 


" 


J.J.Cook, . 




_ 


_ 


- 


- 


350 


- 


- 


" 


J. M: Rose, . 




_ 


_ 


_ 


- 


- 


- 


- 


" 


G. W. Crosby, . 




- 


- 


- 


5,490 


1,745 


- 


- 


" 


Reuben Ryder, . 




- 


- 


- 


- 


- 


- 


- 


«' 


Manuel Williams, 




- 


- 


- 


- 


- 


- 


- 


" 


Manuel Sears, 




- 


344 


- 


10 


- 


7 


- 


" 


G. H. Lewis, 




- 


_ 


- 


1,200 


- 


- 


- 


" 


J. C. P. Harvender, 




- 


323 


975 


1,880 


- 


- 


- 


" 


Jesse Wiley, 




_ 


_ 


- 


- 


- 


- 


- 


" 


Jesse Ghen, 




- 


_ 


- 


- 


- 


- 


- 


<< 


1 J. E. Rand, 




_ 


_ 


- 


- 


- 


- 


- 


<< 


E. W. Smith, . 




_ 


2,600 


- 


- 


- 


- 


- 


" 


Joseph Sears, 




- 


1 


880 


28 


- 


47 


- 


" 


J. R. Williams, . 




- 


- 


- 


- 


- 


- 


- 


Chatham, 


V. C. Hamilton, . 




- 


_ 


- 


- 


- 


- 


- 


" 


S. 1ST. Mallows, . 




_ 


- 


- 


- 


- 


- 


- 


<< 


B. A. Kendrick, 




_ 


_ 


- 


- 


- 


- 


- 




J. A. Crowell, . 




- 


" 


_ 


~ 


~ 


' 


- 



1889.] 



PUBLIC DOCUMENT — No. 25, 



83 



Table II. — Continued. 



- 




















"2 




OJ 


oJ 


























3 
























p 


to 

03 

3 


"35 


83 


9) 


to 

p 


d 

o 


a 


-1 

r 


1 


fcib 

o 

3 


2j3 


"3 


-3 


02 


~ 


m 


~ 


N 


K 


§ 


x 


I a 




£a 


H 


o 


_ 












60 














- 


- 


- 


141 


- 




489 


_ 


- 


- 


- 


- 


500 


- 


- 


- 


- 


- 


3 


295 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


248 


- 


- 


- 


- 


- 


- 


- 


_ 


- 


_ 


- 


_ 


1,154 
436 


- 


- 


• - 


_ 


_ 


_ 


- 


- 


- 


~ 


- 


- 


519 
106 
200 
181 
296 


- 


- 


- 


- 


- 


- 


- 


: 


'- 


109 




: 


- 


- 


" 


- 


- 


- 


2 


_ 


706 


8,200 


_ 


193 


2 


952 


_ 


_ 


_ 


_ 


- 


- 


- 




- 


27 


6,555 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


' 1,551 


- 


- 


_ 


- 


- 


- 


- 




- 


- 


'- 


- 


1,401 


- 


- 


- 


- 


- 


- 


- 


33 


- 


- 


- 


- 


1,165 


- 


- 


- 


- 


- 


- 


- 


20 


- 


- 


8,900 


- 


20 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


25,538 


- 


1,283 


- 


1,430 


- 


876 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


9,950 


- 


~ 


- 


- 


- 


- 


- 


- 


- 


245 


~ 


- 


- 


- 


1 


- 


_ 


_ 


_ 


97 


4,600 


3 


702 


_ 


_ 


_ 


_ 


- 


- 


- 


- 


- 


- 


2,434 


- 


55 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


307 


- 


113 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


1,115 


- 


- 


_ 


9 


_ 


- 


- 


- 


- 


_ 


_ 


- 


1,767 


- 


16 


32 


_ 


_ 


302 


- 


- 


- 


- 


- 


- 


1,028 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


31 


- 


- 


- 


- 


237 


- 


- 


- 


- 


1,504 


- 


- 


1,740 


- 


- 


1,846 


- 


2,222 


1,017 


- 


- 


- 


- 


- 


- 


655 

85 
365 


- 


- 


- 


- 


- 


- 


_ 


_ 


_ 


_ 


I 


_ 


■_ 


_ 


I 


z 


z 


_ 


- 


- 


- 


- 


- 


- 


266 


- 


- 


- 


- 


- 


200 


- 


- 


- 


- 


- 


- 


414 


— 


— 


_ 


— 


- 


- 


- 


- 


- 


165 


_ 


_ 


885 


_ 


_ 


_ 


3,782 


- 


_ 


- 


- 


- 


575 


155 


- 


3,984 


- 


80 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


1,985 


- 


- 


- 


- 


- 


- 


— 


- 


— 


- 


— 


- 


176 


— 


— 


— 


— 


- 


— 


- 


- 


- 


- 


- 


- 


J 1,377 


- 


- 


- 


- 


- 


396 


- 


- 


- 


- 


- 


- 


1,580 


- 


- 


- 


- 


- 


215 


- 


- 


- 


- 


- 


- 


1,136 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


3,020 


_ 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


3,844 


- 


- 


- 


- 


- 


- 


- 


- 


- 


_ 


_ 


_ 


350 


_ 


_ 


_ 


_ 


_ 


- 


- 


- 




3 


- 


- 


396 


- 


- 


- 


- 


- 


- 


- 


- 


- 


_ 


_ 


_ 


28 


_ 


_ 


_ 


_ 


— 


_ 


- 


- 


- 


53 


_ 


_ 


284 


_ 


_ 


_ 


_ 


_ 


_ 


-. 


- 


- 


30 


- 


1 


348 


- 


- 


- 


- 


' - 


- 


- 


- 


- 


- 


- 




358 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


364 


- 


- 


_ 


- 


- 


- 


- - 


- 


- 


- 


- 


- 


168 


- 


- 


_ 


- 


- 


- 


- 


- 


- 


- 


- 


- 


1,532 


- 


- 


- 


- 


- 


- 


- 


- 


- 


2,221 


- 


- 


5,489 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


— 


- 


36 


- 


- 


— 


- 


— 


- 


- 


- 


- 


- 




- 


229 


- 


- 


- 


- 


- 


- 


- 


- 


- 


_ 


_ 


- 


355 


_ 


_ 


_ 


_ 


_ 


_ 


- 


- 


- 




1,440 


- 


- 


- 


- 


- 


1,840 


- 


- 


- 


- 


- 




- 


- 


311 


- 


- 


- 


2,905 


- 


- 


- 


- 


- 


- 


- 


- 


465 


_ 


- 


_ 


_ 


_ 


_ 


- 


20 


- 


7,776 


931 


- 


14,594 


12 


- 


- 


16,113 


- 


6,430 


— 


— 


— 




- 


— 


830 


— 


— 


— 


— 


— 


_ 


- 


- 


- 




- 


- 


1,249 


- 


- 


- 


2,495 


- 


- 


- 


- 


- 


- 


- 


- 


778 


_ 


-- 


_ 


_ 


_ 


_ 


- 


- 


- 


_ 


_ 


- 


200 


_ 


- 


_ 


_ 


_ 


_ 


- 


- 


- 


_ 


_ 


- 


960 


_ 


- 


_ 


_ 


_ 


_ 


- 


- 


- 


- 


- 


- 


20,269 


- 


- 


- 


- 


- 


_ 


- 


- 


- 




- 


- 


538 


- 


- 


- 


- 


- 


_ 


- 


- 


- 


- 


- 


- 


5,547 


- 


_ 


_ 


_ 


_ 


_ 


Ill 


- 


- 




- 


- 


- 


- 


451 


- 


_ 


_ 


_ 


- 


- 


- 




- 


15 


6 


_ 


266 


_ 


_ 


_ 


_ 


- 


- 


- 




- 


- 


- 


_ 


275 


_ 


_ 


_ 


_ 


1 


" 


" 




" 


33 


282 


3 


206 


- 


- 


- 


- 



84 



FISH AND GAME. 

Table II. — Continued. 



[D 



('(•■ 













60 




GO 












93 


"C 


c 


pa 




TOWX. 


PROPRIETOR. 


z 

a 




> 


u 

=3 


c 


T3 

a. 


d 

s 






« 






s 


1 




o 






GC 


GQ 


-»; 


EQ 


tji 


02 


Chatham, 


C. C. Nickerson, 










_ 






'< 


B. F. Patterson, . 




- 


14 


_ 


- 


- 


- 


_ 


" 


H.F.Gould, 






_ 


_ 


_ 


- 


- 


_ 


" 


P.M. Dill, . 






_ 


_ 


- 


- 


- 


_ 


•< 


J. D. Bloomer, . 






_ 


- 


- 


- 


- 


_ 


" 


W. F. Hitchings, 




- 


- 


_ 


- 


- 


- 


_ 


" 


E. S. Gould, 




- 


_ 


- 


- 


- 


_ 


_ 




J. S. Ryder, 




- 


5 


198 


9 


- 


- 


5 


<< [ ' 


A.Z.Atkins, 




- 


. - 


- 


- 


- 


- 


_ 


" 


F. L.Eldredge, . 




- 


- 


- 


- 


- 


- 


_ 


i< 


David P. Clark, . 




- 


- 


- 


- 


569 


- 


_ 


" 


"W. A. Bloomer, . 




- 


- 


- 


- 


- 


- 




" 


J. F. Eldredge, . 




- 


- 


- 


- 


- 




: 


" 


Geo. Bloomer, . 




_ 


24 


521 


939 


254 


- 




" 


E. K Bearse, 




- 


_ 


_ 


- 


- 


191 




" 


E.F. Mayo, 




- 


- 


- 


- 


10,712. 


- 


_ 


" 


Collins Howes, . 




- 


- 


- 


- 


- 


- 




" 


Francisco Gould, 




- 


- 


- 


- 


- 


- 




" 


Otis Eldredge, . 




- 


- 


- 




- 


- 




" 


E.Z. Ryder, 




- 


- 


- 




- 


- 


a 


Hyannis, 


0. S. Crosby, . 




_ 


11 


- 


- 


793 


206 


1,62? 


" 


E. Taylor, . 




- 


- 


- 


- 


- 


- 


14 


" 


F. B. Sherman, . 




- 


- 




- 


66 


- 


1,01 1 


Centerville, . 


Kelly & Crawford, 




- 


7 


- 


- 


447 


148 


l»f 


" 


W. W. Hallett, . 




- 


- 




_ 


- 


- 


9^ 


Cotuit, . 


W. B. Nickerson, 




- 


- 


- 


_ 


- 


- 




Mattapoisett, 


A. H. Shurtleff, . 




- 


- 


209,970 


- 


- 






" 


J.J.Nye. . 




- 


- 


_ 


- 


- 


- 


212 


«' 


Lilburne JJiller, . 




- 


1 


6 


- 


2,062 


- 


Fairhaven, . 


D. W. Deane, . 




- 


4 


- 


- 


- 


- 


•22& 


" 


D. C. Potter, 




- 


- 


- 


- 




- 


2 


" 


J. T. Beese, 




- 


- 


- 


- 


- 


- 


~ 


" 


A. C. Swain, 




- 


- 


- 


- 


- 


- 


~ 


Westport, . 


C. F. Hitt, . 




- 


- 


5,770 


- 


- 


- 


~ 


" 


Lvsander White, 




- 


- 


870 


- 


- 


- 


- 


" 


Ci-apo & Smith, . 




- 


- 


23,207 


- 




- 


~ 


" 


Thomas "Wilcox, 




- 


- 


137 


- 




- 


— 


" 


Geo. Tripp, 




- 


- 


600 


- 




- 


- 


" 


T. S. Tripp, 




- 


- 


3,323 


- 


2 


- 


~ 


" 


Joseph LaCherite, 




- 


- 


12,729 


- 


256 


- 


~ 


" 


J. H. Waite, 




- 


- 


4,125 


- 


- 


- 


~ 


" 


J. T. Lawton, . 




- 


54 


3,860 


- 


2 


o 


~ 


i c 


J. J. Austin, 




- 


- 


1,372 


- 


- 


- 


~ 


" 


F. B. Grinnell, . 




- 


- 


1,200 


- 


- 


- 


~ 


" 


W. H. Allen, . 




- 


- 


310 


- 


- 


- 


- 


Chilmark, . 


Estate of H. M. Smitl 


»> 


- 


- 


5,338 


- 


- 


- • 


_ 


Nantucket, . 


Patsey Roberts, . 




- 


14 


- 


- 


207 


- 


- 


" 


W. N. Adams, . 




- 


- 


- 


- 


- 


- 


- 


" 


John Silvia, 




- 


- 


- 


- 


- 


- 


- 


<< 


Manuel Francis, . 




- 


- 


- 


- 


- 


- 


- 


" 


G. H. Hamblin, . 




- 


- 


- 


- 


- 


- 


- 


«< 


W r . J. Fisher, 




- 


2 


- 


- 


- 


- 


57 


<< 


H. R. Dunham, . 




- 


- 


- 


- 


- 


- 


- 


<< 


R.K.Dunham, . 




- 


- 


- 


- 


- 


38 


- 


<< 


Leander Small, . 




- 


- 


- 


- 


- 


- 


- 


<« 


I. P. Dunham, . 




- 


- 


- 


- 


- 


- 


- 


" 


Geo. Orpin, 




- 


30 


- 


401 


- 


- 


- 


" 


Marcus Dunham, 




- 


- 


- 


— 


- 


30 


- 


" 


W. J. Burgess, . 




- 


- 


- 




929 


- 


- 


(< 


J. N. Small, 




- 


- 


- 


- 


- 


- 


~ 


<< 


W. F. Ramsdell, 




- 


- 


- 


- 


4,930 


- 


- 


<< 


B. B. Pease, 




- 


9 


- 


43 


- 


- 


- 


n 


Geo. E. Coffin, . 




- 


_ 


- 


- 


- 


24 


- 


(( 


James Kiernan, . 




- 


- 


- 


32 


103 


- 


- 


<t 


A. C. Manter, . 




- 


- 


- 


- 


- 


- 


- 


i< 


J. 0. Freeman, . 




- 


- 


- 


11 


61 


- 


- 


<< 


Geo. Hnxford, . 




- 


- 


- 


- 


- 


- 


- 


«« 


John Hamblin, . 




- 


- 


- 


- 


- 


- 


- 


(i 


H. B. Cash, 




- 


15 


370 


12 


59 


- 


2 


<< 


F. F. Hambliu, . 




' - 


- 


- 


- 


- 


- 


- 


<< 


J. S. W T atkins, . 




- 


- 


- 




- 


- 


- 


• 


E.W. Folger, . 




- 


3 


~ 


17 


— 


" 





1889. 



PUBLIC DOCUMENT — No. 25. 



85 



Table II. — Continued. 

















% 






-a 

a 






® 




















oj 




3 


So 




OT 


,c 


• 




_; 


& 






*-> .a 




•3 


a) 


to 


03 

pq 


<3 


<£ 


d 








fee 
o 


2 «> 

is 

3 £ 






3 


S 


eS 




o 








3 








■^'C 


O" 






s 




o 








«s 




<D 




OQ 


W 


BO 


M 


fc 


ffl 


% 


cc 


s 


E-i 


l*i 


w 


o^ 


2 


_ 


2 




_ 


3 




3 


384 






_ 


. 


- 


- 


- 


- 


- 


94 


5,007 


- 


576 


~ 




- 


- 


- 


- 


- 


_ 


- 


_ 


12 


_ 


214 




_ 


- 


- 


3 


- 


- 


_ 


_ 


_ 


4,972 


- 


113 


_ 


_ 


_ 


- 


- 


- 


_ 


_ 


_ 


_ 


20 


_ 


560 


- 


_ 


- 


- 


- 


- 


- 


243 


- 


- 


1,193 


- 


- 


- 


20 


- 


331 


- 


- 


- 


- 


_ 


125 


- 


68 


191 


- 




- 


- 


- 


- 


4 


338 


- 


- 


3,414 


- 


- 


- 


- 


- 


112 


- 


— 


— 


- 


- 


- 


— 


— 


320 


- 


— 


— 


— 


- 


- 


- 


- 


_ 


124 


219 


1 


846 


- 


_ 


- 


- 


26 


- 


- 


20 


- 


- 


31 


- 


306 


- 


_ 


- 


- 


- 


- 


_ 


_ 


_ 


30 


184 


_ 


915 


- 


- 


- 


_ 


- 


- 


_ 


_ 


_ 


_ 


_ 


_ 


411 


_ 


_ 


750 


- 


12 


- 


- 


- 


- 


11 


- 


- 


765 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


_ 


_ 


794 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


1,583 


- 


- 


- 


- 


- 


- 


- 


- 


- 


14 


159 


3 


47 


- 


- 


- 


- 


- 


- 


- 


- 


- 


_ 


- 


- 


447 


— 


- 


— 


- 


- 


- 


_ 


_ 


_ 


106 


53 


_ 


229 


_ 


_ 


_ 


- 


- 


-- 


- 


- 


- 


125 


4,863 


_ 


1,357 


- 


- 


- 


- 


336 


479 


- 


2,141 


- 


41 


1 


- 


5,403 


103 


110 


7 


5 


- 


- 


9 


- 


- 


_ 


_ 


_ 


377 


_ 


_ 


- 


- 


- 


- 


270 


23 


- 


12 


_ 


_ 


244 


2 


_ 


_ 


_ 


167 


- 


- 


- 


- 


- 


3 


6 


730 


6 


_ 


- 


55 


- 


- 


445 


- 


- 


- 


- 


- 


3,364 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


471 


- 


- 


- 


72 


179 


_ 


_ 


_ 


_ 


~_ 


_ 


~_ 


193 


7- 


_ 


_ 


_ 


- 


39 


2 


860 


_ 


44 


25 


33 


2,300 


80 


6 


3 


_ 


108 


- 


- 


- 


- 


_ 


_ 


1 


532 


3 


_ 


- 


_ 


1 


- 


_ 


- 


_ 


_ 


_ 


_ 


86 


2 


_ 


_ 


_ 


84 


- 


- 


- 


- 


- 


- 


6 


1,037 


- 


- 


- 


- 


46 


- 


- 


- 


- 


_ 


_ 


_ 


602 


_ 


_ 


_ 


_ 


- 


- 


- 


- 


545 


- 


- 


- 


- 


2 


42 


69 


577 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


44 


- 


: 


- 


- 


- 


- 


- 


- 


- 


- 


- 


— 


1,200 


- 


- 


- 


- 


1,181 


- 


_ 


- 


- 


- 


168 


673 


2,181 


- 


— 


- 


— 


— 


— 


_ 


— 


— 


- 


— 


- 


_ 


- 


- 


_ 


5 


200 


_ 


_ 


_ 


_ 


_ 


_ 


_ 


1,000 


- 


- 


_ 


_ 


75 


_ 


_ 


_ 


_ 


_ 


_ 


111 


258 


- 


- 


- 


- 


346 


_ 


_ 


_ 


_ 


100 


157 


_ 


36 


- 




- 


- 


- 


- 


- 


- 


- 


- 


- 


40 


3,780 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


_ 


- 


_ 


_ • 


_ 


- 


_ 


- 


- 


- 


207 




_ 


822 


- 


10' 


_ 


- 


- 


_ 


- 


- 


- 


- 


- 


- 


- 


- 


2,451 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


■- 


- 


1,041 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


_ 


786 


- 


- 


- 


60 


- 


- 


- 


- 


- 


10 


_ 


_ 


665 


- 


_ 


- 


_ 


- 


- 


- 


- 


- 


- 


9 


- 


1,941 


- 


- 


- 


112 


- 


- 


- 


- 


- 


~ 


2,957 


- 


4,956 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


931 




- 


75 


_ 


17 


- 


- 


- 


- 


- 


- 


- 


2,440 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


656 


- 


- 


- 


97 


- 


- 


- 


- 


- 


- 


116 


- 


1,240 


- 


866 


- 


235 


- 


- 


- 


- 


- 


- 


53 


- 


962 


- 


- 


- 


- 


- 


- 


- 


- 


- 


_ 


128 


- 


50 


_ 


_ 


- 


_ 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


4,508 


- 


- 


3 


- 


- 


- 


- 


21 


- 


- 


1,216 


- 


- 


- 


- 


- 


- 


- 


157 


- 


- 


292 


- 


- 


1 


- 


_ 


- 


- 


- 


- 


- 


- 


_ 


77 


_ 


889 


- 


1 


12 


_ 


- 


- 


- 


193 


- 


- 


1,035 


1 


8 




- 


- 


- 


- 


- 


- 


- 


- 


20 


257 


12 


3,935 


- 


- 


- 


- 


5 


- 


- 


3 


- 


36 


11 


1 


911 




1 


_ 


_ 


- 


- 


- 


- 


- 


100 


_ 


- 


766 




_ 


- 


_ 


- 


- 


- 


- 


- 


- 




- 


239 


- 


_ 


_ 


_ 


4 


- 


1 


487 


- 


4 


780 


_ 


479 


1 


2 


■1 


2 


- 


- 


- 


- 


- 


5 


_ 


_ 


142 


_ 


_ 


_ 


_ 


- 


- 


- 


- 


_ 


19 


_ 


_ 


212 


_ 


_ 


196 


5 






— 


69 


- 


_ 


144 


- 


- 


- 


- 


- 


- 



86 



FISH AND GAME. 

Table II. — Concluded. 



[Dec. 













tl 




CO 












CD 


■g 


a 

a> 


o3 




TOWN. 


PROPRIETOR. 


o 

a 

a: 


as 


> 

< 


3 
W 

GO 


S3 
SI 
C 


•a 

OQ 


Q. 


Nantucket, 


. Frank Meigs, 


_ 




111 


152 


272 






" 


. Horace Orpin, 




- 


- 


- 


- 


- 


- 


- 


Iliugham, 


. Thomas Weston, 




- 


_ 


3,700 


- 


- 


- 


- 


Middleborot 


gh, . R. & T. Hathaway, 




- 


_ 


131,926 


_ 


- 


_ 


- 


Med ford, 


. Geo. Hatch, 




_ 


_ 


27,935 


_ 


_ 


_ 


_ 


" 


. Henry Cotton, . 




- 


- 


180,564 


- 


- 


- 


- 


" 


. E. B. Cross, 




- 


_ 


57,640 


- 


- 


- 


- 


" 


. J. A. Cross, 




_ 


_ 


73,646 


_ 


- 


_ 


- 


(( 


. Patrick O'Brien, 




- 


- 


14,990 


- 


- 


- 


- 


" 


. E. T. Russell, Jr., 




_ 


- 


22,600 


- 


_ 


- 


- 


Andover, 


. Eben Sutton, 




- 


18 


- 


_ 


- 


- 


- 


So. Hadley ] 


Falls, C. C. Smith and othei 


s, 


_ 


. 796 


_ 


- 


_ 


- 


- 


Taunton, 


. i Dexter Marvel, . 




- 


_ 


100,000 


- 


- 


- 


- 


" 


. 1 H. B. Macomber, 




- 


257 


46,674 


_ 


_ 


- 


- 


" 


. J. W. Hart & Co., 




_ 


325 


34,300 


- 


- 


- 


- 


Raynham, 


. ! G-ustavus King, . 




- 


964 


83,282 


- 


- 


- 


- 


" 


. G. B. & E. Williams, 




_ 


1,291 


82,650 


- 


- 


- 


- 


Berkley, 


. I. M. Babbitt, . 




_ 


520 


94,500 


- 


_ 


- 


- 


" 


. W. H. Walker, . 




- 


400 


110,000 


- 


_ 


- 


- 


" 


. E. Hathaway, 




- 


1,532 


144,003 


- 


- 


161 


- 


" 


. D. B. Shove, 




_ 


425 


96,000 


- 


- 


- 


- 


Dighton, 


. C. N. Simmons, . 




- 


850 


140,000 


- 


_ 


- 


- 


" 


. Old Whale Fish Co., 




_ 


765 


86,390 


- 


- 


- 


- 


Somerset, 


. F. W. Souther, . 




_ 


_ 


1,826 


- 


- 


666 


- 


" 


. John Simmons, . 




1 


- 


13,792 


- 


- 


- 


- 


Kingston, 


. C. F. Stranger, . 




1 _ 


- 


- 


- 


- 


- 


- 




Totals (234), . 


11,880 


2,110,463 


1,705,909 


2,938,444 


1,421 


4,062 


Tisbury Gn 


»at Pond, 






89,294 




_ 


_ 


_ 


Farm Pond, 




- 


- 


3,000 


- 


- 


- 


- 


Tocha Pone 


'.'.'.'. 


- 


- 


85,768 


_ 


~ 


- 


- 



1889.] 



PUBLIC DOCUMENT — No. 25. 



87 



Table II. — Concluded. 





















•a 

3 




<o 


V 

3 
ix 

3 


JS 


03 

03 


.3 


i 




o 


a> 


j= 


5P 


es 

©•J 




•3 


3 


60 

S 


C5 
ei 


a; 
3 


i 

E 


1 


OS 


3 


<& 


3 




03 

"3 


3« 


OQ 




CK 


ffl 


* 


n 


' 3 


Uj 


PQ 


r- 1 


&* 


W 


O 














89 




291 




_ 






- 


- 


- 


- 


- 


- 


- 


- 


4,333 


- 


- 


- 


- 


" 


~ 


" 


~ 


- 


_ 


- 


~ 


- 


- 


- 


8,050 


- 


_ 


_ 


_ 


_ 


_ 




_ 


_ 


_ 


_ 


_ 


_ 


296 


~ 


~ 


- 


- 


- 


- 


~ 


~ 


- 


- 


- 


83 


215 


- 


: 


- 


: 


- 


- 


- 

_ 


• - 


- 


- 


- 


6,490 


- 


614 


- 


" 


4,679 


- 


- 




- 


- 


" 


143 


18,160 


: 


- 


" 


" 


- 


- 


- 


- 


" 


- 


- 


- 


23,000 


- 


4,545 


538 


1,439 


37,109 


6,925 


1,347 


271,017 


157 


55,718 


2,576 


35,745 


199,360 


32,650 


- 


- 


- - 


- 


- 


- 


- 


- 


- 


400 


- 


- 


65,000 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 



88 



FISH AND GAME. 



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1 









PUBLIC DOCUMENT. No. 25. 



REPORT OF THE COMMISSIONERS 



INLAND FISHERIES AND GAME 



FOR THE 



Year ending December 31, 1890. 



BOSTON : 

WRIGHT & POTTER PRINTING CO., STATE PRINTERS, 

18 Post Office Square. 

1891. 



s 



CONTENTS. 



Report, 

Appendix A. List of Commissioners, 27 

B. Carp and Trout, — Prof . S. Garman, . . . .32 

C. Report of John W. Delano, Deputy, . . . .43 

D. Report of B. P. Chadwick, Deputy, . . . .45 

E. ISTortahuipton Trout Hatchery, 49 

F. Decision of the Supreme Court, . . . .51 

G. Legislation, . . 65 

H. List of Leased Ponds, 70 

I. Returns of Lobster Fisheries, 73 

K. Returns of Pounds, Weirs, Gill and Sweep Nets, . 82 



Comrmmfotaltlj of Utassatfrxtsrffs. 



To His Excellency the Governor and Honorable Council. 

The Commissioners on Inland Fisheries and Game respect- 
fully present their twenty-fifth annual report. 

Fishways. 
Fishways have been built during the past year over the 
following dams on the Monatiquot River : — 

First Dam. — Owned by Sumner Hollingsworth and others. 
Second Dam. — Owned by Sumner and Ellis Hollingsworth. 
Third Dam. — Owned by Oliver Ames & Sons Corporation. 
Fourth Dam. — Owned by James T. Stevens and Geo. D. Willis. 
Fifth Dam. — Owned by Alva S. Morrison and others. 
Sixth Dam. — Owned by Lydia D. and Lyman W. Morrison. 
Seventh Dam. — Owned by the Jenkins Manufacturing Corporation. 
Eighth Dam. — Owned by Betsy B. Hobart. 

Two of these are expensive ways, spanning dams from 
eighteen to twenty feet in height. 

Surveys have been made and plans and notices served on 
owners of dams on the stream leading from Horn Pond. 
Plans and notices were also served on owners of dams in 
Yarmouth and in Gloucester. 

So far as is known, the fishways throughout the State are 
in good working order, and no complaints have been made 
that they are not satisfactorily serving the purpose for which 
they were constructed. 

We have considered it desirable to publish a yearly record 
of observations made on only one of the fishways in the 
State; viz., that over the Lawrence dam on the Merrimac. 
As this is one of the most difficult passages for migratory 
fish, it shows the working of fishways in general, and also 
serves as an unanswerable fact that the impurities turned 
into the river have not materially affected the fish. 



6 FISH AND GAME. [Dec. 

Excepting the differences in temperature, salmon and trout 
will thrive in waters where bass and alewives are found in a 

healthy condition. 

Fish seen in the Lawrence Fishwat in the Year 1890. 

Apr. 22. Saw the first fish, a few suckers. 

23. A few suckers. 

24. A few suckers ; one alewife. 

25. A few suckers. 

26. A few suckers. 

27. A few suckers. 

28. A few suckers. 

29. A few suckers. 

30. A few suckers. 

May 1. Suckers, run small ; one alewife. 

2. Suckers, run small. 

3. Suckers, run small. 

4. Suckers, run small ; a few alewives ; one lamprey. 

5. Suckers and alewives, run moderate ; one lamprey. 
6 to 8. River high ; only a few suckers running. 

9. Suckers and alewives, run small ; a few lampreys. 

10. Larnpreys, run moderate ; suckers and alewives, run small. 

11. Alewives and lampreys, run moderate ; suckers, run small. 

12. Alewives, run moderate ; suckers and lampreys, run small. 

13. Alewives, run large ; suckers and lampreys, run small. 

14. Alewives, run large ; suckers and lampreys, run small. 

15. Alewives, run very large ; suckers and lampreys, run small 

16. Alewives, run very large ; suckers and lampreys, run small 

17. Alewives, run very large ; suckers and lampreys, run small 

18. Alewives, run very large ; suckers and lampreys, run small 

19. Alewives, run very large ; suckers and lampreys, run small 

20. Alewives, run very large ; lampreys, run moderate. 

21. Alewives, run very large ; lampreys, run moderate. 

22. Alewives, run moderate ; lampreys, run moderate. 

23. Alewives, run moderate ; lampreys, run moderate. 

24. Alewives, run moderate ; lampreys, run moderate. 

25. Alewives, run moderate ; lampreys, run moderate. 

26. Alewives, run moderate ; lampreys, run large. 

27. Alewives, run moderate ; lampreys, run large. 

28. Alewives, run moderate ; lampreys, run large. 

29. Alewives, run small ; lampreys, run large, 

30. Alewives, run small ; lampreys, run large. 

31. Alewives, run small ; lampreys, run large. 
June 1. Alewives, run small ; lampreys, run large. 

2. Alewives, run small ; lampreys, run moderate. 

3. Alewives, run small ; lampreys, run moderate. 

4. Alewives and suckers, run small ; lampreys, run moderate. 

5. Lampreys, run small ; a few alewives and suckers. 



t 



1890.] PUBLIC DOCUMENT — No. 25. 7 

June 6. Lampreys, run small ; a few alewives and suckers. 

7. Alewives and lampreys, run small. 

8. Alewives, run small ; lampreys, run moderate. 

9. Lampreys, run moderate ; a few alewives. 

10. Lampreys, run moderate ; a few alewives and suckers 

11. Lampreys, run small ; a few suckers. 

12. Lampreys, run small ; a few alewives. 

13. Lampreys, run small ; a few alewives. 

14. Lampreys, run small ; a few suckers. 

15. A few suckers and lampreys. 

16. A few suckers and lampreys. 

17. A few suckers and lampreys. 

18. A few suckers and lampreys. 

19. Three salmon, 12 to 14 pounds. 

20. A few suckers and lampreys. 

21. A few suckers and lampreys. 

22. Two salmon, 14 to 16 pounds. 

23. A few suckers. 

24. One salmon, 12 pounds. 

25. Two salmon, 8 to 12 pounds. 

26. Four salmon, 8 to 14 pounds. 

27. Five salmon, 6 to 20 pounds. 

28. One salmon, 8 pounds. 

29. Two salmon, 10 to 12 pounds. 

30 to July 2. A few suckers and small silver eels. 
July 3. One salmon, 8 pounds. 

4 to 6. A few suckers and small silver eels. 
7. Two salmon, 8 to 10 pounds. 
8 to 11. A few suckers and small silver eels. 
12. One salmon, 10 pounds. 

13 to 21. River low ; suckers and silver eels all there was running. 
22. One salmon, 6 pounds. 

23 to 26. River low ; water shut out on the 24th, let in again in 
afternoon of the 26th ; a few silver eels all there was run- 
ning. 

27. One salmon, 6 pounds ; river rising. 

28. Three salmon, 6 to 14 pounds. 

29. Six salmon, 8 to 14 pounds. 

30. One salmon, 8 pounds ; 2 black bass. 

31. One salmon, 8 pounds ; 1 black bass. 

Aug. 1 to 24. River low most of the time, and water shut out of the fish- 
way part of the time ; when water was in, a few silver eels 
and suckers running ; river commenced to rise On the 24th. 

25. One salmon, 10 pounds ; half a dozen black bass ; a few 

silver eels and suckers. 

26. A dozen or twenty black bass ; suckers and silver eels ; run 

small. 

27. One salmon, 8 pounds ; a few black bass, silver eels and 

suckers. 



8 FISH AND GAME. [Dec. 

Aug. 28. Suckers and silver eels, run small ; a few black bass. 

29 to Sept. 14. A small run of suckers and silver eels, with an 

occasional black bass. 
Sept. 15 to 20. A few suckers and silver eels running. 
21. Two salmon, 8 to 14 pounds. 
22 to 25. A few suckers and silver eels running. 
26. One salmon, 10 pounds. 
27 and 28. A few suckers running. 
29. One salmon, 10 pounds. 

30 to Oct. 8. A few suckers running. 
Oct. 9. One salmon, 8 pounds. 

No fish but suckers running after October 9. 



Shad. 

There has been a decided decline in the catch of shad 
during the past year. It is a significant fact that a decrease 
of these fish in fresh water is always followed by a corre- 
sponding decrease in the catch by the weirs. The returns 
from the seines at Newburyport give no return of shad. It 
is known, however, that many were taken at the mouth of 
the Merrimac. The high water and scarcity offish materially 
interfered with the hatching of shad at North Andover. 

Carp. 

The culture of carp has not as yet attracted much attention 
in this State, while in the South and West it has already 
become a source of considerable income. The few raised 
here and put upon the market have readily brought from 
sixteen to seventeen cents per pound. 

Carp thrive best in warm and sluggish waters, and, if 
taken directly from such ponds, are scarcely edible ; but if 
removed a few days before wanted, and placed in cool spring 
water, will lose the earthy taste, and become hard and flaky, 
the equal of any of our pond fish for the table. 

No place is desirable for raising carp that is not under the 
control of the owner, so that he can at any time raise or 
lower the water, and, if need be, draw it off to remove any 
enemy to the young fish. Such ponds are easily constructed, 
and there are thousands of otherwise worthless places in this 
State which might be utilized for this purpose. 



1890.] PUBLIC DOCUMENT — No. 25, 



The following applications were filled, giving about twenty- 
five yearling carp to each : — 



E. H. Guild, . 

F. W. Harrington, . 
Hon. A. C. Kirby, . 
Norman Noble, 
Mrs. M. A. Dresser, 
W. W. Leach, . 

A. C. Stevens, . 
Geo. P. Winn, . 
Arthur D. Hill, 
F. H. & E. H. Dewey, 
C. C. Peck, . 



Ware. 

North Amherst. 

Wes^port. 

Pittsfield. 

Newton. 

Palmer. 

Worthington. 

Arlington. 

Arlington. 

Westfield. 

North Attleborouofh. 



Tkout. 

The reports received from various parts of the State show 
that the catch of trout during the past season has been 
unusually large. That this increase is mainly due to the 
distribution of young trout is evident. 

In the commencement of the work of hatching these fish, 
before any considerable number had been sent out, we took 
the precaution to test the experiment by stocking several 
depleted streams, and also several streams where no trout 
had ever been known to exist. In every case the result was 
highly successful, showing that, if the same common-sense 
which governs the farmer in planting his crops is exercised 
in the planting of fish, favorable results are sure to follow. 
There will be no failures in the efforts to restock our streams 
where there is a sufficient supply of cold water, plenty of 
food, and the young trout are placed in the head waters of 
the stream. 

Quite a number of persons have applied for trout, stating 
that they have prepared small ponds to keep and feed them 
in until they are one or two years old, before they turn them 
into the brooks. Under skilful management there is no 
doubt that trout and salmon may be raised in this way ; it is, 
however, a very expensive mode of culture, and in most 
cases will prove a total failure. Where fish are kept and 
artificially fed in small ponds, they lose their instincts of self- 
preservation, and, when they are turned into the stream, are 
destroyed by their enemies. This 'method of raising fish for 



10 FISH AND GAME. [Dec. 

stocking streams is not new ; it has been tried both in this 
country and in Europe. It is far better to turn the young 
fish into the head waters as soon as the yolk sac is absorbed, 
where they will be compelled to struggle for existence. The 
advantages gained by artificial culture are the large num- 
ber of eggs impregnated and hatched, and the ease with 
which the young fish may be transported, even to great 
distance. 

The demand for trout fry this year was greatly in excess of 
that of any previous year, so that many late applicants could 
not be supplied. The number of applicants was so great 
that the ratio of distribution was smaller than was expected, 
being about 3,f>00 to each one whose application was 
received before April 1. We have added to our stock about 
100,000 fry each year for the last three years, but a large 
increase is a matter of time. 

The last Legislature granted us one thousand dollars to 
establish another hatchery. Efforts have been made to 
secure a desirable location, and the work will probably be 
commenced next spring. 

In the Appendix will be found the report of the North- 
ampton hatchery. The gentlemen who are engaged in this 
laudable undertaking deserve great credit for the energy and 
perseverance with which they have carried on the work. 

There will probably be about 600,000 young trout for dis- 
tribution next April and May. 1 hese will be delivered free 
at the hatching house, Winchester, Mass., and cans will be 
furnished for transportation, to be returned to the hatchery 
at applicant's expense. All applications should be made 
before the first of April, endorsed by either senator or repre- 
sentative of the district. Trout fry cannot be entrusted to 
the express, and a responsible person should be sent to take 
charge of them. Such a person can take charge of twenty- 
five or thirty thousand fry, and, when several applicants 
reside on the same line of road, expense may be saved by 
arranging with one competent man to care for several can- to 
be distributed along the route. 



1890.] 



PUBLIC DOCUMENT — No. 25. 



11 



Distribution of Trout, Spring of 1890. 



t 



Middlesex County. 

A. G. Whitman, Melrose. 
Frank Cass, Holliston. 
J. E. Boutwell, Woburn. 
Hon. C. A. Jones, Woburn. 
W. W. Lockwood, Lexington. 
L. Rawson, Holliston. 
H. S. Milton, Waltham. 
J. W. Huntoon, Lowell. 
Henry Ross, Newtonville. 
Chas. E. Spring, Holliston. 
James Beatty, Waltham. 
W. G. Webber, Bedford. 
J. E. Woodford, Newton. 

E. G. Loomis, Bedford. 
Chas W. Fowle, Lexington. 
Geo. L. Lawson, Lowell. 

G. H. Cushman, Waltham. 
W. R. Rice, Waltham. 
M. G. Cochrane, Melrose High- 
lands. 
E H. Richards, Woburn. 
J. O. Cummings, North Woburn. 
Chas. W. Ames, Woburn. 

F. O. Vaille, Lexington. 
B P. Verne, Wakefield. 
F. A. Davidson, Stowe. 
Hon. M. P. Palmer, Groton. 
F. W. Carter, East Woburn. 

Worcester County. 

Francis B. Joy, Fitchburg. 
Thomas Sheldon, Fitchburg. 
H. J. Wallace, Fitchburg. 
Wm. Lawrence, Worcester. 
Chas. B. Pratt, Worcester. 
H. S. Seeley, North Worcester. 
Geo. McAUeer, Worcester. 
Chas. H. Steele, Worcester. 
W. P. Albertson, Boylston. 4 
C. H. Kimball, Boylston. 
Dr. C. E. H. Higgins, Holden. 
W. F. Gleason, Barre. 
J. S. Harrington, Westminster. 
W. E. Maynard, Fiskdale. 
E. J. Ames, Barre. 



Worcester County — Con. 

J. F. Whitcomb, Athol Centre. 
N. D. Peckham, New Braintree. 
Stillman Russell, East Douglas. 
Chas. V. Dudley, Northbridge. 
John H Barns, Petersham. 
L. C Prindle, Southbridge. 
Geo Haywood, Gardner. 
Geo. H. Foye, Athol 
C. F. Amsden, Athol. 
C. W. Bates, Phillipston. 
H. P. Kendall, Sterling. 

Hampden Comity. 

R. W. Day, Wilbraham. 

J. A. Murphy, Springfield. 

R. J. Hamilton, West Springfield. 

E. A. Lavigne, Springfield. 
W. P. Birnie, Becket. 

Paul M. Deman, Chicopee Falls. 

F. H. Fuller, Monson. 
H W. Bullock, Becket. 

C. S. Goodhue, West Springfield. 

E. A Perkins, Becket. 

C. H. Sias, West Becket. 

N. S Chandler, West Springfield. 

M. V B Edgerly, Hampden. 

H. S. Newell, Chicopee Falls. 

G. W. Roraback, Chester. 
J. P. Woodworth, Chicopee. 
Joseph Orr, Chicopee. 

H. H. Patten, Monson. 

Berkshire County. 

Chas. N. Foote, Lee. 

W. H. Little, Sheffield. 

S. W. Ingalls, Zylonite. 

Hon. Ansel Chamberlain, Dal ton. 

S. P. Thayer, North Adams. 

E G. Harrington, Egremont. 

Thos. P. Pingree, Pittsfield. 

J. H. Wood, Pittsfield. 

W. W. Tracy, Pittsfield. 

J. M. Stevenson, Pittsfield. 

E. T. Slocum, Pittsfield. 



12 



FISH AND GAME. 



[Dec. 



Distribution of Trout — Concluded. 



Plymouth County. 

H. G. Ford, Marshfield. 
W. D. Baker, Marshfield. 
Capt B. G. Cahoon, Marshfield. 
L. O. Atwood, Rock. 
Wra. J. Wiight, Duxbury. 
John B. Hollis, Jr., Duxbury. 
Hon. H. J. Boardinan, Duxbury. 
Horatio Adams, Kingston. 
Adolphus Savary, Wareham. 
Wm. Minot, Jr., Wareham. 
Chas. P. Horton, Wareham. 
Elkanah Finney, Plymouth. 

Essex County. 

R. G. Brown, Topsfield. 
J. W. Brimblecom, Lynn. 
N. H. Poor, Danvers. 
John C. Haskell, Lynn. 
Henry Alley, Wenharn. 
Henry Rice, Danvers. 
Robert R. Sears, Danvers. 
Wm. II. Proctor, Swampscott. 
Geo. II. Penney, Cliftondale. 

Bristol County. 

Wm. J. Luther, Attleborough. 
J. L. Sweet, Attleborough Falls. 
Hon. A. C. Kirby, Westport. 
W. J. D. Bullock, Fall River. 



Norfolk County. 

M. J. Ellis, Norwood. 

T. A. Dodge, Brookline. 

C. A. Crooks, South Franklin. 

A. L. Cook, Bellingham. 

John B. Fisher, Dedham. 

A. E. Lincoln, Stoughton. 

Henry W. Britton, Stoughton. 

Wm. A. McKeen, Bellingham. 

Joseph Guild, Dedham. 

J. F. Wight, Wellesley Hills. 

John Fottler, Sharon. 

A. C. Pratt, Weymouth. 

Rev. W. H. Hinckley, Brookline. 

Hampshire County. 
John M. Eddy, Enfield. 

A. V. Stevens, Cummington. 
Wm. B. Grover, Belchertown. 
E. H. Guild, Ware. 
Roswell Billings, Hatfield. 

Barnstable County. 
I. C. Young, Wellfleet. 
Thos. H. Lawrence, Falmouth. 

B. C. Cahoon, East Falmouth. 
Richard Olney, Falmouth. 
Ezra T. Pope, Sandwich. 

John A. Loring, West Barnstable. 

Franklin County. 
N. A. Cutter, Greenfield. 



Sunapee Trout {American Saibling). 

In the Appendix will be found an interesting article by 
Professor Garman, on the famous Sunapee trout, claiming 
that it is identical with the European saibling, — Salmo 
Alpinus of Linne. 

A remarkable and somewhat heated discussion has been 
carried on during the past three years, not only in regard to 
its identity with the European variety, but also regarding 
the claim that it is the result of direct importation from 
Europe by the late United States Commissioner Baird. Upon 
this point we have some knowledge bearing upon the case. 



1890.] PUBLIC DOCUMENT — No. 25. 13 

The suggestion of establishing hatching works at Plymouth, 
N. H., originated with the chairman of the Massachusetts 
commission ; the work was planned by him and completed 
under his supervision, in connection with Commissioner A. 
H. Powers of New Hampshire, since which time it has been 
operated jointly by the two States. A record has been 
kept by the Massachusetts commission and by Messrs. Powers 
and Hodge of the New Hampshire commission of all fish 
hatched at the works, and credit given for all donations 
received from the United States commission. We are there- 
fore able to state that no European saibling hatched at these 
works were ever planted in Sunapee Lake or Dan Hole 
Pond ; nor have any been deposited there by the United 
States commission, the State commission, or by any known 
individual ; nor have they been planted in any streams from 
which they could have reached these lakes. Furthermore, 
the streams leading from them are barred by impassable 
dams, over which it is impossible for fish to reach the lakes 
from the sea. 

It is true that in 1881 Professor Baird sent several thousand 
saibling eggs to the hatchery at Plymouth, and all the fry, 
except a few which were retained for experiment at the 
works, were by his orders planted in Newfound Lake, since 
which time they have not been heard from.* Sunapee Lake 
is situated on the western divide, discharging its waters into 
the Connecticut, while Newfound Lake discharges into Baker's 
Eiver, and thence into the Merrimac. 

The first information we had concerning the Sunapee trout 
came through the late A. H. Powers, then commissioner of 
New Hampshire, and superintendent of the hatchery at Plym- 
outh, and whose residence was at Grantham, only a few 
miles from the lake. As near as we can recollect, this was 
in 1878 or 1879. Mr. Hayes, also of the New Hampshire 
commission, claimed that there was a new variety of trout in 
Dan Hole Pond in Ossipee, and sent to the Museum of 

* The record shows that when these eggs were placed upon the trays, they were 
estimated by Mr. Powers at a little over 36,000, from which were hatched about 30,000 
fish, which were planted as above stated. The statement in the United States report, 
that 60,000 saibling eggs were sent to New Hampshire, must have been a mistake in 
the figures, as there could not have been over 42,000, of which about 5,000 were lost in 
transit, 6,515 lost in hatching, and a small loss of fry before turning them into the lake. 



14 FISH AND GAME. [Dec, 

Comparative Zoology at Cambridge, April 14, 1884, a 
specimen weighing four pounds, and twenty-one inches in 
length. 

r l his was described and figured in the Massachusetts report 
for 1884. It could not have been less than five years old, 
and probably twice that age ; and no one having any knowl- 
edge of fish culture would claim that it was the result of the 
planting of European saibling in Newfound Lake in 1881. 
The Dan Hole trout has since been proved to be identical 
with the Sunapee trout. 

So far, we question the identity of these trout with the 
European saibling, because of the resemblance. As well 
might we claim that the American grayling and the pike of 
our great northern lakes are introduced species. " Doctors 
disagree," and the well-known conflicting statements made 
by scientists in regard to the genus salmo is proverbial. 
Professor Bean, who has had an opportunity to study the 
Sunapee trout and the Salmo Aljpinus alive, side by side, 
finds a marked difference between them, and is reported as 
saying that they cannot be claimed to be one and the same 
fish ; and we are inclined to think he is right. 

The fact that the Sunapee trout has not before come into 
general notice is not remarkable, for until within a few years 
this lake was not a resort for anglers. The successful intro- 
duction of black bass first called the attention of sportsmen 
to it, and even now, when it has been thronged by intelligent 
visitors, many of the old settlers around the lake, who in 
years past slaughtered these fish on their spawning beds, 
cannot tell the difference between them and a common brook 
trout. The question which really interests the public is the 
fact that there exists in Sunapee Lake, in large numbers, a 
remarkable variety of trout hitherto but little known, and 
that it is being successfully planted in other waters. 

We would be sorry to feel obliged to deprive any one of 
the credit of introducing this fish into Dan Hole Pond or 
Lake Sunapee ; but, whatever else may be said of it, we feel 
certain that it will be found to be indigenous to these 
waters, and that it was known here years before any saibling 
eggs were sent to this country. 

Since writing the above, we have received the following 



1890.] PUBLIC DOCUMENT — No. 25. 15 

communication from Commissioner E. B. Hodge, of New 
Hampshire, superintendent of the works at Plymouth : — 

STATE OF NEW HAMPSHIRE. 

Fish and Game Commission", 

Plymouth, Dec. 15, 1890. 

Hon. E. A. Brackett, Commissioner on Inland Fisheries, 
Winchester, Mass. 

Dear Sir : — In reply to your inquiry, the first saibling eggs 
received in New Hampshire came in January, 1881, about 40,000, 
or, as Mr. Powers called them, a little over 36,000. These were 
hatched and the young fry were all deposited in Newfound Lake, 
by order of Professor Baird, commissioner of fisheries for the 
United States. No saibling have ever been planted in Dan Hole 
Pond in Ossipee, or in Sunapee Lake. In 1880 100,000 eggs of 
the saibliug were sent to the United States commission, and, at the 
suggestion of Mr. Livingston Stone, they were sent to Mr. W. L. 
Gilbert of Plymouth, Mass. ; only about 6,000 hatched. 

When I took charge of this station I found ten or twelve saib- 
ling, one year old. In 1884 some of the females, then about ten 
inches in length, bred, and were crossed with the brook trout. 

Yours very truly, 

E. B. Hodge. 

Salmon in the Merrimac. 

The salmon in the Merrimac are steadily increasing. 
Sixty were taken this year at the hatchery at Plymouth, 
N. H., on their way from the sea to the head waters of the 
river. These were placed in the Reservoir Pond for the 
purpose of securing their eggs, and, when spawned, were 
returned to the water alive. 

" There are a little over 200,000 eggs now in the hatchery. 
Although the number of salmon taken was larger than ever 
before, yet many of them run very small, some not giving 
over from 3,500 to 4,000 eggs." This is a good showing, 
considering the great number which are annually unlawfully 
destroyed by the gill nets and weirs before they have time to 
enter the river for spawning. But for this destruction the 
river would now be teeming with these fish, and would be a 
great resort for those who take them with hook and line. 
'J he planting of a great salmon river has been successfully 
established. There are no impediments to the passage of 



16 FISH AND GAME. [Dec. 

these fish to the head waters of the river, and as yet no 
impurities in the water injurious to them. 

The English government, by wise laws strictly enforced, 
have been able to maintain their salmon fisheries to their full 
capacity. When it is remembered that the river Taj', a 
stream very much smaller than the Merriraae, yields an 
annual return of from 65,000 to 70,000 salmon, and that it 
pays a rental of 875,000 per year, some idea may be formed 
of what the Merrimac would be if the salmon could be pro- 
tected until they become sufficiently numerous to be self- 
sustaining. There is no speculation or theory in this ; it is 
simply a common-sense, business view, based upon what has 
repeatedly been accomplished elsewhere. If the weirmen 
would co-operate with the commissioners by liberating the 
salmon taken in their traps, the greatest impediment to the 
increase of salmon would be removed. Encouraged by the 
success on the Merrimac, the commissioners of New York, 
aided by the United States commissioners on fisheries, are 
successfully stocking the Hudson River. 

For further information on the subject of salmon in the 
Merrimac, we append the report of Mr. E. B. Hodge, one of 
the Xew Hampshire commissioners, and superintendent of 
the joint hatchery at Plymouth, X. II. 



To the Commissioners on Inland Fisheries for the Commonwealth of 
Massachusetts. 

Gentlemen: — With this please find my annual report of the 
work at this station for the year ending Dec. 1, 1890. - • 

February 1 I received from Bucksport, Maine, 40,000 Penobscot 
salmon (Scdmo Salar) eggs, in good condition. These eggs were 
donated to Xew Hampshire by Colonel McDonald, United States 
fish commissioner. These, with the eggs taken from the Merrimac 
River salmon, were hatched, and the young fry were planted in the 
head waters of the Pemigewassett River early in May. The per- 
centage of loss on the eggs was very small, not exceeding two per 
cent., and there was no loss in transporting the young fry up the 
river. 

There was a large run of salmon this year. While some of 
them were very large, the majority were smaller than usual, man} 7 
of them weighing only from eight to ten pounds each, while some 
of the largest fish would exceed twenty-five pounds in weight. 



1890.] PUBLIC DOCUMENT — No. 25. 17 

The water in the river has been unusually high during the entire 
season. There has been no time since the first of September when it 
was possible to keep the nets in position to secure the usual fall run 
of salmon. Sixty fish were taken and placed in the Reservoir Pond. 
Some of these were taken from pools on the falls, and were badly 
bruised. Five died from the effect of wounds received in attempt- 
ing to go over the new dam at the head of the falls. As many as 
fifty salmon were at one time lying in the pool at the foot of the 
dam. This fact substantiates my statements in former reports, 
that only a small percentage of the fish that enter the river are 
captured in the pound nets, for the reason that two hours will 
change the river from a fordable stream to a foaming torrent, 
which sweeps nets and everything before it. 

Four hundred and sixty-two thousand eggs of the brook trout 
were sent to Mr. Brackett at Winchester, 35,000 to Northampton, 
and 10,000 to Great Barrington, by the direction of the chairman 
of your commission. There are now over 1,000,000 eggs of the 
brook trout laid down in the hatchery, one-half of which will be 
sent to Massachusetts next month. Some of the trout spawned in 
July and August. No ripe males could be found to fertilize the 
eggs, so they were lost. Ripe males and females were found early 
in September, and the first eggs taken are now hatched. I have 
been able to purchase only 886 wild brook trout, as the change in 
the legal length to five inches raised the price higher than I could 
afford to pay. These were paid for with money received from the 
sale of male trout. This lot will more than make up for the loss 
that has occurred by death, kingfishers, mink and other vermin. 

The dam at the outlet of the Reservoir Pond has been built 
over, and the plank replaced with solid earthwork. The spout 
that carries the water away at outlet has been replaced by a new 
and better one, and the dam is now in a much safer and better 
condition than it has been for some years. Repairs and changes 
are now in progress at the trout ponds, rendered necessary by the 
growth of the wild trout purchased last year. In regard to keep- 
ing the fry of the salmon until at least one year old, I consider it 
to be inexpedient, and, as far as this river is concerned, unneces- 
sary, as the fry do not have to be carried for over one hour in the 
cans. The plant can be made before the yolk sac is absorbed, 
and, when ready to take food, they are in the same place that they 
would have been had they been hatched naturally in the river : and 
they are far more likely to find food-more suitable to their wants 
than anything that can be supplied artificially at that season of the 
year. The large numbers of parr and smolt that can be found in 
the river and its tributaries during the summer proves beyond 



18 FISH AND GAME. [Dec. 

doubt that the fry do grow to that size in numbers sufficient to tax 
the food supply to nearly if not quite its maximum capacity. 

Yours respectfully, 

Elliott B. Hodge, Superintendent. 
Plymouth, N. H , Dec. 1, 1890. 

By chapter 390, Acts of 18i)0, the commissioners were 
authorized to purchase a steamer for the purpose of enforcing 
the laws relating to the shore fisheries of the Commonwealth. 
Soon after the passage of this act, the steamer " Ocean Gem," 
of New York, was purchased. She is one hundred feet long, 
seventeen feet wide, and about seven feet deep, with fine 
sea-going qualities, having for some years carried the United 
States mails from Key West to Cuba. She easily runs four- 
teen knots an hour, and has sufficient accommodations for 
officers and crew. She has proved to be a valuable boat for 
the protection of the lobster fisheries and the enforcement ot 
the laws in Buzzard's Bay, which it was impossible to 
enforce without a steamer of this description, as many of the 
menhaden steamers are very fast, and can easily escape from 
any common steamer. She patroled the bay four weeks, 
keeping in check the fleet of steamers from other States 
which were persistent in their efforts to violate the laws of 
the Commonwealth, whenever an oppoitunity occurred; and 
it was only by constant patrol that the law could be 
enforced. 

Although it was not possible to put the steamer in com- 
mission before the first of July, she did excellent work in 
breaking up the illegal traffic in short lobsters, which hereto- 
fore have been shipped in large numbers to the New York 
market, and in the complete maintenance of the authority 
of the State over the waters of Buzzard's Bay. This and 
other important work, which can only be accomplished by 
the use of a steamer, render her necessary to the State if the 
fisheries are to be maintained and the laws enforced. To 
this may be added the opportunity it affords of studying the 
habits of fish and the acquirement of information which 
may lead to the better protection and increasing of this 
important industry. 



1890.] PUBLIC DOCUMENT — No. 25. 19 



Commissioners on Inland Fisheries and Game. 

Gentlemen : — As district police officer, detailed for the use of 
the commission, I respectfully submit the following report. 

I have sent to each lobster fisherman a blank to be filled out by 
him, with number of traps used and daily catch ; and also to each 
person who owms weirs, pounds and nets ; and I find, in most cases, 
a willingness to comply with the law. 

I have patroled the Massachusetts coast during the months of 
July, August, September and October, in the steamer " Ocean 
Gem," spending most of the time in the waters south of Cape Cod. 
On our trial trip around Cape Cod, on July 10, I went to Wood's 
Holl with the intention of taking on board a supply of coal, but 
being informed, on my arrival, that I could not get any coal at 
that place, I started for New Bedford. While crossing Buzzard's 
Bay I found the steamer "Fearless," of Newport, fishing in the 
bay. As there had not been any complaint made of any violations 
of the law since the seizure of the "Joseph Church," which hap- 
pened nearly one year before, the sudden appearance of the porgy 
steamer was wholly unexpected. After I had overcome all resist- 
ance, and quietly fastened a tow line to the craft, my engineer 
informed me that he had not coal enough to get into port, and 
could not possibly tow the loaded fishing craft to New Bedford or 
elsewhere. As I was the only officer on board, I could control 
only one end of their steamer ; so, when I found that the " Ocean 
Gem " was short of coal, I was obliged to abandon the prize. 

No other violations of the seining law came to my notice until 
September 14, while the " Ocean Gem" was at Salem. I started 
at once, and arrived at the bay on the following day. On the 
16th of September the steamer " Commodore," of New York, was 
violating the law, but it was impossible to get on board. 

I stopped in the bay from September 16 until October 12, this 
being the ninth time I had been there the past season. I patroled 
the bay each day from daylight until dark, and encountered at 
different times eighty-five menhaden steamers from other States, 
that came into Buzzard's Bay for the purpose of seining menhaden. 
Some would wait for hours along the State line or behind one of 
the islands for a chance to dodge in and catch a school as soon as 
my back was turned. I have counted fourteen steamers hanging 
arouud the mouth of the bay at one time, waiting for the " Ocean 
Gem" to leave. Some of the captains would curse at me and get 
angry ; while others would inquire how long I was going to stop, 
and, on receiving an answer, " as long as the fish do," would 
steam away and I would not see them again. Others would 



20 FISH AND GAME. [D 



ec. 



inquire where the line was, and steam just outside ; but the next 
morning, when daylight appeared, I would find them up at the 
head of the bay, intending to take in a load .before the " Ocean 
Gem " arrived on the ground. This kind of business continued 
every day, and, although the fish were very plenty, no attempt 
was made to set a seine, and consequently many thousand barrels 
of menhaden have remained in Buzzard's Bay through the past 
season that would have been made into oil and guano but for the 
presence of the " Ocean Gem." 

Whole, number number of arrests, ". . . . .19 

Lobster law, .15 

Fish law, 3 

Capias, 1 19 

Disposed of as follows : — 

Fined and paid, 15 

Appealed to superior court, 1 

Discharged, 3 19 

Respectfully submitted, 

WM. H. PROCTOR, 

District Police. 

Lobsters. 

Compared with last year's reports there has been a 
decrease this year of 462 traps; an increase of 252,484 in 
the catch of marketable lobsters; and an increase of 9,067 
egg-bearing lobsters returned to the water alive. 

The season was too far advanced, when the steamer was 
bought and put in commission, to allow of anything being 
done beyond the enforcement of the law for their protection, 
and the continuance of the investigations commenced last 
year. These investigations, although well under way, could 
not be completed in time' for this report, and will probably 
be given in that for next year. 

Weirs, Pounds and Gill Nets. 
This has not been a prosperous year for the shore fisher- 
men, especially the weirmen. The returns show a decrease 
below last year of 61 seines, 11,168 shad, 579,009 alewives, 
14,437,039 sea herring, 979,109 scnp, 46,243 tautog, 87,064 
flounders and flatfish, 118,794 eels, and 903,673 other edible 
fish; and an increase of 2,605,452 menhaden, 868 striped 



1890.] PUBLIC DOCUMENT — No. 25. 21 

bass, 4,488 squeteague, 346,510 mackerel and 2,036 blue- 
fish. The run of shore herring, from which the weirs 
usually furnish large quantities for bait to vessels engaged 
in the deep-sea fisheries, was a total failure. Several of the 
prominent weirmen, discouraged by the results of their 
labor, propose to retire from the business. 

The mackerel have been mostly small. During portions 
of the season there were large quantities of them in our 
waters, which indicates that in a few years our market will 
be well supplied with mackerel, the most desirable of all 
deep-sea fish. 

Birds and Game. 

The year has been a favorable one for the increase of our 
game birds. The continuance of our wholesome laws is 
desired The operation of the non-export law of 1890 is 
already showing excellent results. The annual invasion of 
our Commonwealth by men from other States, for the purpose 
of killing our game for foreign markets, is already practically 
stopped. The only way in which this business can be suc- 
cessfully done at present is by stealth, and at the risk of 
detection and punishment. So far, in all instances where 
we have acted under this law, we have found the common 
carriers in sympathy with the law, and ready to give us 
information which they have. 

Private enterprise here and elsewhere, especially in the 
West, is demonstrating the fact that some of the best of the 
game birds of Europe can be successfully introduced and 
bred here ; and it now appears that in a short time the list 
of our birds will be enlarged by the adoption of these 
desirable additions, which will, in a short time, we believe, 
become adapted to our climate, and be a permanent addition 
to our native birds. 

We do not learn that chapter 446 of the Acts of 1890 has 
had any appreciable effect in the diminution of the English 
sparrow pest. In no town or city have we found any attempt 
made to put the law in practical operation. If a law be 
passed authorizing towns and cities to pay a bounty for 
bodies and eggs of the sparrows, it would soon show results. 
Such a law, carefully guarded for the protection of private 
rights, we believe desirable. 



22 FISH AND GAME. [Dec. 

Sunday hunting, in many of the country towns and vil- 
lages, has been and is a great annoyance as well as an 
offence under the statute. By the aid of deputy commis- 
sioners this practice has been almost entirely broken up in 
several of the counties. 

The following permits to take birds and eggs for the year 
1890 were granted : — 

C. F. Batchelder, Cambridge. 

Chas. H. Andros, Taunton. 

Harry Gordon White, Gloucester. 

Edward C. Mason, Cambridge. 

Albert P. Moore (for Wellesley College), . . . Natiek. 

Howard Noris, Cottage City. 

Arthur C. Bent, Taunton. 

William Brewster, Cambridge. 

Owen Durfee, ■ Fall Hiver. 

Geo. B Churchill (for Worcester Natural History Society), Worcester. 

Frank A. Coombs, Framingham. 

C. W. Chamberlain, Boston. 

Geo. H. Mackay, Nantucket. 

Henry W. Marsden, Quincy. 

Dr. L. C. Jones, Boston. 

W. S. Barker, Jr., Medford. 

Capt. M. E. Gould, Chatham. 

In conclusion, it may be stated that the work of the commis- 
sion has been successfully carried on during the past year. 
Among the most prominent points may be mentioned the 
investigation of the habits of lobsters, and the protection of 
this important industry ; the distribution over the State of 
450,000 } r oung trout ; the stringent enforcement of the laws 
governing inland fisheries and game, and the complete main- 
tenance of the authority of the Commonwealth over the 
waters of Buzzard's Bay. Eighty-five steamers which entered 
the bay for unlawful purpose, were met and driven out. 
None of these vessels were owned by citizens of this State. 

The case of the three steamers captured last year in Buz- 
zard's Bay has been decided by the full bench of the supreme 
court of the State in favor of the Commonwealth. Defend- 
ants have appealed to the United States supreme court, 
where a he -.ring will be given on the third Monday of 
January. Should the decision be sustained, the State will 
receive, for fines and confiscation o r vessels, about $40,000. 



1890.] PUBLIC DOCUMENT — No. 25. 23 

The importance of maintaining the laws on Buzzard's Bay 
cannot be over-estimated, as it is practically demonstrated to 
be the most feasible method by which the inshore fisheries 
can be restored to their former value. The civilization of 
this country has carried with it not only the destruction of 
our forests, but also a disregard of the preservation of fish 
and game. Against the inherited idea that every one has a 
right to take fish and game when and where he pleases, 
regardless of the future, every commissioner in the United 
States has had to struggle ; and, in the face of such 
opposition, it is remarkable that so much has been accom- 
plished. Not until the public fully realizes that fish and 
game are as essential in the economy of living as bread and 
meat, and that their increase ;md preservation are as much 
dependent upon intelligent control as the products of the 
farm, will the labors of the commissioners be appreciated. 

It may be a long time before our people adopt measures 
that have been successfully carried out in other countries. 
"In China, where the overcrowded population has rendered 
it necessary to convert every available acre of land into a 
farm-garden, pasturage has been converted into fish ponds, 
producing food at one- eighth the cost of that derived from 
quadrupeds." With us the price of fish is steadily advancing. 
Considered as an element of sustenance, it is to-day more 
expensive than meat. 

We copy the following from the " American Field " : — 

Editor "American Field": — The United States fish com- 
mission is one of the most valuable adjuncts of the government, 
and the people are beginning to find it out, for the commission 
comes in closer contact with them than any other department of 
the Federal government. No department of the government 
makes a better showing for the money expended than the United 
States fish commission, over which Colonel McDonald presides. 

If every branch of the government were conducted equally well 
and as conscientiously, the government of the people would be 
marvelously grand. The work of the commission is now thor- 
oughly organized, and its efforts directed to the planting of fish in 
waters that are known to be naturally adapted to the various 
species. The country is divided into districts, and the fish 
naturally belonging in each of these geographical divisions are 



24 FISH AND GAME. [Dec'90. 

deposited in the streams of each locality in large numbers. In the 
performance of this work the agents of the commission last year 
travelled 125,000 miles, of which the trunk lines contributed, with- 
out expense to the government, 41,000 miles. This was a liberal 
act on the part of the railroads, and at the same time it showed 
that the railroad people have an intelligent appreciation of the 
value of the work of the fish commission. In stocking the streams 
along the lines of travel fishermen will be attracted, and in this 
way the railroad companies will reap a large profit from their 
donations to the Commission from the increased travel that will 
follow. 

What is here said of the United States commission may be 
applied with more or le.^s force to all of the State Commis- 
sions. From the mass of conflirting opinions which marked 
their early efforts, they have gradually settled down to a 
clear conception of the practical character of the work to be 
accomplished. 

While the State commissions have maintained their indi- 
viduality and distinct organization, the harmony existing 
between them and the United States commission is such as 
to unite the whole work into one system. This has been 
accomplished by the authorities at Washington heartily 
extending to the States such encouragement and assistance 
as they were able to give. 

EDWARD A. BRACKETT, 
EDWARD H. LATHROP, 
ISAIAH C. YOUNG, 

Commissioners of Inland Fisheries and Game, 



I 



APPENDIX. 



[A.] 

LIST OF FISH COMMISSIONERS. 



The United States. 
Col. Marshall McDonald, Commissioner, . Washington, D. C. 
Capt. J. W. Collins, Assistant in Charge of Fisheries Division. 
Richard Rathbun, Assistant in Charge of Scientific Inquiry. 

Alabama. 

Col. D. R. Hundley, * . Madison. 

Hon. Chas. S. G. Doster, Prattville. 

Arizona. 

T. W. Otis, Prescott. 

John Howard, Prescott. 

C. W. Stearns, Phenix. 

Arkansas. 
H. H. Rottaken, President, .... Little Rock. 
W. B. Worthen, Secretary, . . . . Little Rock. 

J. W. Calloway, Little Rock. 

This State has never made an appropriation for fish culture. 

Dominion of Canada. 

Hon. John Tilton, Deputy Minister Fisheries, Ottawa. 

Inspectors of Fisheries for the Dominion of Canada: W. H. Rogers, 
Amherst, N. S. ; A. C. Bertram, North Sydney, C. B , N. S. ; W. H. 
Venning, St. John, N. B. ; Wm. Wakeham, Gaspe Basin, P. Q; J. 
H. Duvar, Alberton, P. E I.; Thomas Mowat, New Westminster* 
B. C. ; Alex McQueen, Winnipeg, Man. 

Officers in Charge of Fish-breeding Establishments : S. Wilmot, Super- 
intendent of Fish Culture, Newcastle, Ont. ; Chas. Wilmot, Officer 
in Charge, Newcastle hatchery, Ont. ; Wm. Parker, Sandwich, Ont. ; 
L. N. Cattellier, Tadoussac, Q. ; Philip Vibert, Gaspe, Q. ; A. H. 
Moore, Magog, Q. ; Alex Mowat, Restigouche, Matapedia, P. Q. ; 
A. B. Wilmot, Bedford, N. S. ; C. A. Farquharson, Sydney, N. S. ; 
Isaac Sheasgreen, Miramichi, N. B. ; Charles McCluskey, St. John 
River, Grand Falls, N. B. ; Henry Clark, Dunk River, P. E. I. ; 
Thomas Mowat, B. C. hatchery, New Westminster, B. C. 



28 



FISH AND GAME. 

California. 



[Dec. 



Joseph Routier, . . . . . . Sacramento. 

J. D. Harvey, Los Angeles. 

C. M. Joslyn, San Francisco. 

Colorado. 

G. F. Whitehead, Denver. 

Connecticut. 

Rob't B. Chalker, Saybrook. 

James A. Bill, Lyme. 

The State has no official superintendent, most of the hatching being 
done by Henry J. Fenton, Poquonnock. 



Delaware. 



Charles Schubert, 



Odessa. 



. Georgia. 

J. H. Henderson, Atlanta. 

Dr. H. H. Cary, Superintendent, . . .La Grange. 



Illinois. 

N. K. Fairbank, President, .... Chicago. 

S. P. Bartlett, ....... Quincy. 

. Centralia. 



Geo. Brenning, 



Indiana. 
Col. W. T. Dennis, Richmond. 

Iowa. 

E. D. Carlton, Spirit Lake. 

Ole Bjorenson, Superintendent. 



John M. Brumbaugh, 



Kansas. 



Concordia. 



Kentucky. 



Wm. Griffith, President, 
P. H. Darby, . 
John B. Walker, 
Hon. C. J. Walton, . 
Hon. John A. Steele, . 
W.C.Price, 
Hon. J. M. Chambers, 
A. H. Goble, . 
J. H. Mallory, . 



Louisville. 

Princeton. 

Madisonville. 

Munfordsville. 

Midway. 

Danville. 

Independence. 

Catlettsburg. 

Bowling Green. 



1890.] 



PUBLIC DOCUMENT — No. 25, 



29 



Maine. 
E. M. Stilwell, .... 

Henry O. Stanley, .... 
B. W. Counce, Sea and Shore Fisheries, 



Maryland. 



Dr. E. W. Humphries, 
G. W. Delawder, 



Bangor. 
Dixfield. 
Thorn aston. 



Salisbury. 
Oakland. 



Massachusetts. 



E. A. Brackett, 
I. C. Young, 
E. H. Lathrop, 



Michigan 
John H. Bissell, 
Herschel W hi taker, . 
Joel C. Parker, M.D., 
Walter D. Marks, Superintendent, 
George D. Mussey, Secretary, . 
William A. Butler, Jr., Treasurer, 

Minnesota 

William Bird, 

Niles Carpenter, .... 
Robert Ormsby Sweeny, President, . 
S. S. Watkins, Superintendent, 

Missouri 
H. M. Garlichs, Chairman 
J. L. Smith, 
H. C. West, 

A. P. Campbell, Secretary 
Philip Kopplin, Jr., Superintendent, 
Elias Cottrill, Superintendent, . 



Nebraska 



William L. May, . . 

R. R. Livingston, 

B. E. B. Kennedy, 

M. E. O'Brien, Superintendent, 

Geo. T. Mills, . 



Nevada. 



Winchester. 

Wellfleet. 

Springfield. 



Detroit. 

Detroit. 

Grand Rapids. 

Paris. 

Detroit. 

Detroit. 



Fairmount. 
Rushford. 
St. Paul. 
Willow Brook, 



St. Joseph. 
Jefferson City. 
St. Louis. 
St. Joseph. 
St. Louis. 
St. Joseph. 



Fremont. 
PI atts mouth. 
Omaha. 
South Bend. 

Carson City. 



St. Paul 



New Hampshire. 

George W. Riddle, Manchester. 

Elliott B. Hodge, Plymouth. 

John H. Kimball, Marlborough. 

Elliott B. Hodge, Superintendent of Plymouth 

and Sunapee hatcheries, .... Plymouth. 



30 



FISH AND GAME. 



[Dec. 



New Jersey. 

William Wright, Newark. 

Frank M. Ward, Newton. 

J. R. Elkinton, Pennsgrove. 

New York. 

E. G.Blackford, President, .... New York. 

Gen. R. U. Sherman, New Hartford. 

William H. Bowman, Rochester. 

A. S. Joline, Tottenville. 

Henry Burden, Troy. 

E. P. Doyle, Secretary, room 311, Potter Build- 
ing, New York City. 

Superintendents : Fred Mather, Cold Spring Harbor ; Monroe A. Green, 
Caledonia ; James H. Marks, Bloomingdale ; E. L. Marks, Fulton 
Chain ; and E. F. Boehm, Mill Creek. 

Shell-fish Commission: E. G. Blackford, Commissioner; William G. 
Ford, Engineer ; J. W. Merserau, Oyster Protector, 80 Fulton Mar- 
ket, New York. 

North Carolina. 

William J. Griffin, Chairman, .... Elizabeth City. 

J. B. Watson, . . . . . . . Englehard. 

William T. Caho, Bayboro. 

Ohio. 

C. V. Osborn, President, Dayton. 

A. C. Williams, Secretary, .... Chagrin Fall's. 

J. C. Hofer, Bellaire. 

John H. Law, Cincinnati. 

Hon. Emery D. Potter, Toledo. 

Henry Douglass, Superintendent, . . . Sandusky. 

L. K. Buntain, Chief Warden, .... Dayton. 



{ 



Oregon. 

F. C. Reed, President, . . . . Clackamas. 

E. P. Thompson, Portland. 

R. C. Campbell, Ranier. 



Pennsylvania. 
Henry C. Ford, President, 52-1 Walnut Street. 
James V. Long, Corresponding Secretary, 75 

Fifth Avenue, 
H. C. Demuth, Secretary of Board, 
S. B. Stilwell, .... 
A. S. Dickson, .... 
W. L. Powell, Treasurer, . 
John P. Creveling, Superintendent, 
William Buller, Superintendent, 



Philadelphia. 

Pittsburg. 

Lancaster. 

Scranton. 

Meadville. 

Harrisburg. 

Allentown. 

Cony. 



1890.] PUBLIC DOCUMENT — No. 25. 

Rhode Island. 

Henry T. Root, Treasurer, .... Providence. 

William P. Morton, Secretary, . . . Johnston. 

J. M. K. Southwick, Newport. 



31 



South Carolina. 



Hon. A. P. Butler, 



Columbia. 



Tennessee. 

W. W. McDowell, Memphis. 

H. H. Sneed, Chattanooga. 

Edward D. Hicks, Nashville. 

Utah. 
A. Milton Musser, , Salt Lake City. 

Vermont. 



Herbert Brainard, 
F. H. Atherton, 



St. Albans. 
Waterbury. 



Virginia. 

Dr. J. T. Wilkins, ...... Bridgetown. 

West Virginia. 

C. S. White, President, Romney. 

F. J. Baxter, Treasurer, Sutton. 

James H. Miller, Secretary, .... Hinton. 

Wisconsin. 
The Governor, ex officio, 

Philo Dunning, President, .... Madison. 

C. L. Valentine, Secretary and Treasurer, . Jamesville. 

Mark Douglass, Melrose. 

A. V. H. Carpenter, Milwaukee. 

Calvert Spensley, Mineral Point. 

E. S. Miner, Sturgeon Bay. 

James Nevin, Superintendent, .... Madison. 

Wyoming Territory. 

Louis Miller, Laramie. 



32 FISH AND GAME. [Dec. 



[B.] 



Museum of Comparative Zoology, 

Cambridge, Mass., Dec. 3, 1890. 

Hon. E. A. Brackett, Massachusetts State Fishery Commissioner. 

Sir : — In response to your request for items of information received 
at the Museum of Comparative Zoology, bearing on the results of the 
labors of the fishery commission, I have the honor to enclose to your 
address a note on the carp, another on the river trout, and a third on 
the saibling. 

Very respectfully, 

S. Garman. 



MASSACHUSETTS CARP. 

Comparatively little has been heard, at this museum, from the 
carp with which the waters in various parts of the State have been 
stocked by the fishery commission. An occasional notice indicates 
that they are prospering, and that they are recognized as good for 
food ; but there have been very few inquiries about them. The 
most direct and important piece of information that has reached us 
came in connection with a number of bones, secured by Mr. Edwin 
L. White of Ayer, brought in for identification by Mr. William 
Hapgood. The portions submitted were determined to be from a 
specimen of the "king carp," the Cyprinus rex cyprinorum of 
Kramer and Bloch. At my request, Mr. White, who was instru- 
mental in saving the pieces, gathered all that was possible of the 
history of the case. The fish had been shot in Kilburn's Pond, on 
the Mulpus Brook, in the eastern part of Shirley, about Sept. 3, 
1888, by Cahin L. Famsworth, Esq. When caught it measured 
thirty-one inches from the end of the nose to the tip of the tail, 
measuring over the back ; and it was twenty-five and a half inches 
long as it lay flat on a board. Its body was ten inches wide and 
five inches thick. When the fins on the back and on the belly were 
spread out, it was sixteen inches from the top of the upper to the 
bottom of the lower. It weighed sixteen pounds and a half when 
taken from the water. The tail would spread eleven inches. Some 
of the scales were fully two inches broad by one and a quarter 
inches long. The body was hardly one-third covered by scales ; 



1890.] PUBLIC DOCUMENT — No. 25. 33 

there were some along the back and some along the sides, but 
none on the belly. The specimen was a female, filled with spawn. 
It was taken from a small pond of some four or five acres, that 
had not been drawn off entirely for thirty years. A low dam was 
all that prevented the fish from going up stream a number of miles, 
and the gates in this obstacle had been open for months at a time. 
In response to inquiries, Mr. White secured a number of stories of 
small fishes introduced into the pond as live bait, young bass and 
the like ; but that which gives the most plausible clew to the deriva- 
tion of this carp was learned from Mr. Herbert Mead, living in the 
northern part of Lunenburg, who has a small pond on which he 
cuts ice in the winter. This pond discharges into the Mulpus, 
though it gets very low in summer. About 1880 Mr. Mead 
put twenty " German carp " into his pond. In about six months, 
the pond being almost dry, it was emptied. Only four of the carp 
were found ; these had grown to nearly or quite a foot in length. 
The sixteen others had probably gone down stream. There were 
several small mill ponds in the five miles from the ice pond to that 
in which the fish was shot, but in a freshet there were no hin- 
drances. It is stated that a dam below Kilburn's Pond effectually 
prevented entrance from that direction. Now, it is altogether 
within bounds to suppose the carp shot in this pond to be one of 
those belonging to Mr. Mead. The pieces presented for determi- 
nation included, among others, the spine in front of the dorsal, the 
pharyngeal bones and the caudal fin. They left no doubt what- 
ever that the specimen was a carp ; and, with Mr. White's descrip- 
tion of the scales and their arrangement, the species was recognized 
as that known by the name " king of the carps," Cyprinus rex cypri- 
norum, of which a sketch is given on Plate I. On Plate II. a 
drawing of the typical carp, Cyprinus carpio, is given for com- 
parison ; this carp is readily distinguished by a complete covering 
of smaller scales. The fragments confirm Mr. White's statements 
in regard to the size. From data gathered from different sources, 
a length of twenty-five and a half inches might be reached in six 
years, varying more or less with the amount of food and the warmth 
of the water. Fifteen pounds in five years were attained in the 
carp ponds of Mr. Poppe, who in 1872 began carp farming in 
California. In the first year they acquired a length of twelve 
inches. Others have grown to about six pounds in three years. 
According to Hessel, some had become three-pounders in two sum- 
mers. This authority also mentions two specimens that, at fifteen 
years of age, weighed forty-two and fifty-five pounds respectively, 
and he comments on others up to ninety pounds. Carp are known 
to live more than a century. It may be there are earlier dates 



34 FISH AND GAME. [Dec. 

than 1880 for the introduction of these fishes into this State ; if 
so, they are not at present at hand. In the " Proceedings of the 
Boston Natural History Societ}V volume XXIV., page 168, the 
correspondence relating to Mr. White's carp is published in full. 

November, 1890. 

THE RIVER OR BROWN TROUT. 

A single specimen of this trout, Salmo fario of Linne, from the 
grounds of Wm. J. Wright, Esq., of Duxbury, was forwarded 
to the Museum of Comparative Zoology by Messrs. Geo. B. 
Appleton & Co. of Boston. The fish was a very handsome one, 
about twelve inches in length, and, as is generally the case with 
the first captures of fishes introduced by means of the eggs, had 
attracted a great deal of attention, and excited much comment as 
to what it was and whence it came. The sketch on Plate III. 
will give an idea of its shape and of the number and arrangements 
of the spots. Red spots are indicated by tbe dotted rings. The 
entire upper surface of the body and head was brown, darkening 
toward the back and the top of the head, and darker at the edges 
of the scales. There were thirteen rays in the dorsal fin and 
eleven in the anal. The lateral line had one hundred and nineteen 
pores and one hundred and fifty-three scales. From the dorsal to 
the lateral line there were twenty-two rows of scales, and from the 
line to the ventral fin twenty-seven. The length of the body was 
nearly four and a half times the depth, or three and two-thirds 
times as long as the head. The latter was about one and one-fifth 
times the depth, six times the length of the eye, or nearly three 
times the length of the snout. Inquiries addressed to Mr. Wright 
concerning dates of introduction, etc., were kindly replied to as 
follows : " The trout sent you by Mr. Appleton was caught April 
27 in my pond, known as the John Alden Pond, in Duxbury. 
A brook flowing to the salt water was diked, and the pond now 
covers about four acres. The salt water does not enter the pond. 
I have stocked it for the last nine years. Some of the seed came 
from Mr. Gilbert's Old Colony ponds at Plymouth, Mass. ; seven 
thousand came, June 5, 1885, from Mr. Brackett's, of Winchester, 
Mass. ; and five hundred English trout, furnished by Mr. Gilbert, 
were put in three years ago. I have also put in two hundred and 
fifty large trout taken from my pond in North Pembroke." 

As closely as may be decided from a single specimen, the 
variety of river trout introduced is that described by Valen- 
ciennes, in 1848 (Hist. Poiss., XXI., page 319, plate 618), 
as Salar ausonii. Yet the figure given by this author shows a 
greater distribution of larger black spots, does not indicate the 



1890.] PUBLIC DOCUMENT — No. 25. 35 

red ones, and indicates the commonly present brown spot on the 
second dorsal fin. The shape may be described as rather chunky. 
The lobes of the tail in the Duxbury specimen are somewhat more 
pointed than the average. In respect to the caudal outlines and 
the markings, the species is liable to great variations. Sizes and 
the colors vary excessively, as affected by food, surroundings, etc. 
In Europe the most common size is less than twelve inches, and 
the weight less than a pound. One noticed by Heckel and Kner 
was thirty-five inches long, and weighed twenty-two pounds ; others 
of three to four feet in length are mentioned by Valenciennes. As 
is the case with our brook trout, the river trout, or brown trout, as 
it is likewise called, matures very early, the female becoming ripe 
when not more than eight inches long. The spawning season 
occurs between October and January ; the incubation period is 
about sixty days, more or less, according to the temperature. 

While this trout is most often of a dark color, it becomes paler 
in clear waters, over gravelly or sandy bottoms ; or even gets to be 
silvery on going to the sea. It favors clear, cold, running waters, 
and delights in the dashing currents below the rapids or at the 
mouths of the streams. Small fishes, worms, spawn and insects, 
the usual food of the genus, are found in its stomach. With the 
different kinds of food, the seasons, and in the different waters, 
there is great variation in the quality of the flesh. The variability 
and irregularity of its appetite make a close study of its habits a 
necessity to successful fishing with the hook and line. As it feeds 
greedily on the flies, makes vigorous rushes, leaps like a salmon, 
and is a good pan fish, it is a favorite with the angler. 
December, 1890. 

NEW ENGLAND SAIBLING. 
Since the year 1884 a great deal of attention has been attracted 
to the Sunapee, golden, or white trout, as it is variously called. Its 
apparently increasing abundance in the three or four years that have 
just passed, the superior quality of its flesh, and the beauty of its pro- 
portions and colors, have given it a reputation that cannot be 
otherwise than gratifying to those through whose efforts the waters 
of the' region have been stocked with desirable fishes and their food. 
As the fish has been acquiring its prominence, there has arisen a 
considerable discussion concerning its identity and derivation. 
How it reached Sunapee Lake, and how it reached other waters 
entirely disconnected with that lake, are still open questions ; 
and unfamiliarity with the record of the efforts of the State, or of 
those of individuals, for the betterment of the fishery resources of 
the section, is a sufficient excuse for leaving them, at least so far a 



36 FISH AND GAME. [Dec. 

the present writing is concerned, to be discussed by others who 
have given the subject special consideration. Whatever con- 
clusions may eventually be reached, it is only since the introduction 
of the European saibling that the Sunapee trout has been brought 
to general notice. Repeated examinations and comparisons dis- 
cover no characters distinct enough to admit of placing the New 
Hampshire fish in a different species, or even a different variety, from 
that known in Europe as Salmo alpinus of Linne, the common 
saibling of western and northern Europe. 

The first of the New England representatives to reach the 
Museum of Comparative Zoology was a female of about twenty-one 
inches in length, sent by Commissioner Luther Hayes, April 14, 
1884, from Dan Hole Pond. The unusually stout condition of 
the fish, figured on Plate V., gave it a shape that did not compare 
satisfactorily with the descriptions, most of which had been drawn 
from the more common smaller and more slender forms. At the 
time of sending, Mr. Hayes was able to say the fish was not known 
to occur elsewhere in the State. Other specimens from Sunapee, for 
which we are indebted to the kindness of Messrs Fred. H. Gould and 
Walter M. Brackett, and of Commissioners E. A. Brackett and E. B. 
Hodge, received in 1885 and subsequent years, dispelled any doubts 
of specific identity with the " Alpine trout" of the European fresh 
waters. Colored figures of the latter, published by Prof. F. A. 
Smitt in his splendid monograph of the ki Salmones," represent 
our trout as closely as if the drawings had been made from New 
England types. Our first positive information concerning the 
Sunapee trout was received July, 1885, from Messrs. Gould and 
Hodge. 

In Europe, this trout, one of the saiblings, is gregarious, and 
moves about in schools ; it is somewhat nocturnal in its habits, 
and retires to the greater depths during the day. Much of its 
timidity is lost during the spawning season, when it is more easily 
captured. Its food is the ordinary food of trout ; it attains a 
weight of fifteen pounds or more. As most often met with, it is 
less than eighteen inches in length. Plate IV. gives a fair idea of 
the shape of the body and fins for such sizes ; larger ones are better 
likened to Plate V. The relative proportions undergo marked 
changes with age and increase of plumpness. The sizes that may 
be attained are determined by the amount of food and its character, 
and by the depth of the water. Ordinarily the color is brownish to 
olivaceous on the upper surface, shading lighter and sprinkled more 
or less thickly with red spots on the flanks. The belly and lower 
parts of the sides are whitish, or yellowish to orange, or pink, or 
red. A narrow portion of the front edge of each of the lower fins 



1890.] PUBLIC DOCUMENT — No. 25. 37 

is white to cream color or reddish, the balance of each fin being 
pale brownish to brown. Brown, often in blotches or cloudings, is 
seen on the side of the face or under the chin and throat. Varia- 
tions in general colorations from pale and silvery to very dark 
brown may be selected from a single school. The flesh is pinkish 
to red, varying in the individual during the season, and in the differ- 
ent waters ; it is esteemed second to that of no other species of 
the family. The range of variation in the specimens, as well as in 
the varieties of the species, is great ; the differences due to age and 
sex are very marked, and deformities are not at all rare. 

In New England the habits of the saibling would seem to be the 
same as on the other side of the Atlantic. Of such as were ex- 
amined, the stomachs were filled with small fishes, mainly smelt, 
and, in several cases, with spawn. There was evidence of fishing 
on the spawning beds. The spawn, with the nuptial coloration, 
fixed the spawning season, for Sunapee, in November. To some 
extent the tknidity and habits of this fish tend to protect it against 
over-fishing. This advantage, however, is largely done away with 
while the eggs are being deposited, when lack of vigilance makes 
capture an easy matter. Preference for keeping together in schools 
renders the employment of nets a ready means of reducing the 
numbers. While there are none that excel it in the quality of its 
meat, the peculiarities of the disposition of the Alpine trout are such 
as will not permit it to stand as high as some of the others in the 
estimation of the angler. Though larger ones have been reported, 
the largest for which we can vouch weighed but four pounds. 
November, 1890. 



38 



FISH AND GAME. 



[Dec. 




1890.] PUBLIC DOCUMENT — No. 25, 



39 




40 



FISH AXD GAME. 



[Dec, 




1890.] 



PUBLIC DOCUMENT — No. 25, 



41 




42 



FISH AND GAME. 



[Dec. 




1890.] PUBLIC DOCUMENT — No. 25. 43 



[C] 

Marion, Dec. 12, 1890. 
To the Commissioners on Inland Fisheries and Game. 

Gentlemen : — Having been appointed but a few months ago as 
deputy to enforce the fish and game laws of the State, it will be 
impossible for me to make as satisfactory a report as I should 
wish ; but, with my limited experience, I submit the following. 
Having visited a large number of cities and towns where lobster 
fishing is carried on quite extensively, I find a large majority of 
the fishermen wish to see the laws for the better protection of our 
fisheries enforced. I also find there is a certain class of fishermen 
who are ready and willing at any time to violate the laws ; and, 
if the honest fishermen, who must be aware of such illegal fishing, 
would report such cases, it would assist the commission very 
much, and prove of great value to the honest fishermen them- 
selves. 

You will notice, by the returns sent in by the lobster fishermen, 
that, while the number of traps have decreased about one thou- 
sand, the number of large lobsters taken have increased about 
two hundred thousand. You will also notice that the number of 
egg-bearing lobsters have increased about seven thousand, proving 
beyond a doubt that under our present system of protection the 
lobsters are on the increase. Some of the present laws are rather 
imperfect, and, if they could be amended this winter, I think you 
would see a far greater increase in the lobster catch. The question 
of protection to our fisheries and game is gaining ground very 
fast, and I hope the coming Legislature will work in harmony 
with the commission in making laws for still greater protection. 
The act of last winter, appropriating twelve thousand dollars to 
the commission for the purchase of a steamer to better enforce 
the laws, has proved of great value to the towns bordering upon 
Buzzard's Bay. Greater results might have been accomplished if 
the bill had become a law earlier in the season. 

As you well know, the " Ocean Gem " entered the bay July 10, 
under charge of State officer W. H. Proctor, and succeeded in 
boarding the steamer " Fearless;" but, being short of coal, and 
under a promise, from the captain that he would not fish again in 
the bay, we had to abandon our prize. After cruising the bay for 



44 FISH AND GAME. [Dec. 

a number of days, and seeing no more steamers, the boat was put 
back in Boston bay. The boat again entered the bay July 25, 
and cruised for a few days, seeing no steamers or porgies. Again 
we cruised the bay in August, with the same results. September 
13 telegrams were received stating that porgy steamers had again 
entered the bay. The boat arrived at Wood's Holl September 15, 
and on the 17th steamer " Commodore " of New York was seen in 
the act of fishing ; but the captain, cutting his lines and dumping 
his fish, managed to escape. From that time until October 10 the 
bay was patrolled faithfully from early morn until late at night ; 
and, although the bay was full of porgies, and having eighty-five 
steamers at different times to contend with, I am happy to say I 
don't think a seine was wet. Great credit is due to Captain 
Proctor for the faithful performance of his duty, and I think the 
commission is fortunate indeed that they have so efficient and 
trustworthy an officer at their command. The people of the towns 
bordering upon the bay, including the fishermen almost to a man, 
are taking a great interest in the protection of our bay fisheries, 
and of course watched the boat with considerable anxiety ; and I 
have yet to learn of one who is not pleased with the work performed 
with the boat. I would recommend the boat be put in the bay 
another season by the middle of May, and kept in commission 
until October, as that is the time the porgies enter and leave the 
bay. 

The town of Fairhaven, at their last annual town meeting, voted 
to instruct their selectmen not to grant any licenses for the setting 
of fish pounds, weirs or fykes, within the town waters. I under- 
stand the town of Mattapoisett will take the same action next 
year; and, if the law allowing the setting of gill nets within the 
waters of Fairhaven can be repealed this winter, I think great 
results will be obtained. The sawdust bill of last winter is begin- 
ning to be felt in this vicinity, one house having lately been erected 
upon the bank of the Sippican River, a tributary of the Weweantit ; 
and I am confident, if the river can be kept free of sawdust, it 
can within a very few years be brought back to its old-time 
reputation of being one of the finest trout streams in the State. 

Very respectfully submitted, 

John W. Delano. 



1890.] 



PUBLIC DOCUMENT — No. 25. 



45 



[D.] 

Bradford, Oct. 3, 1890. 
To the Commissioners on Inland Fisheries and Game. 

Gentlemen : — I respectfully submit the following report, show- 
ing the full details of the work of hatching shad at North Andover 
for the season of 1890, the hatchery being opened June 9, and 
closed June 28. 



Number of shad taken, . 
Number returned to river alive, . 
Number given away, 
Number of males, .... 
Number of females, 
Number of salmon taken, 
Number returned to river alive, . 
Estimated amount of spawn taken, 
Estimated number of fish hatched, 



62 
34 

28 



. 24 

. 15 

. 15 

190,000 

170,000 



Of this number, 70,000 were put into the river above the dam at 
Lawrence ; the balance were turned in at North Andover. 



1890. 







O) 
























si 


3 


- 


- 


3 


2 


8 


6 


6 


4 


3 


2 


Water 


1 


_ 


1 


- 


7 


4 


2 


2 


8 


5 


4 


3 


7 


4 


3 


2 


3 


2 


2 


- 


4 


2 



° * 
-2 ^ 



a ►? 



at 
Ih 

Q 

o o> 

<u a 

a '3 

S Off 



June 9, . 
10,. 
11,. 

12, . 
13,. 
14, . 
16,. 
17,. 
18,. 

19, . 

20, . 
21,. 
23,. 
24,. 
25, . 
26,. 

27, . 

28, . 



1 

2 
2 
1 
too 
1 
1 
3 

3 
1 
3 
1 
1 
2 
2 



Degs. 


Degs. 


P.M. 


67 


68 


8, 


68 


70 


8, 


70 


70 


8,9, 


68 


54 


8,9, 


62 


52 


8,9, 


62 


48 


8,9, 


high 


to fish. 




67 


59 


8,9, 


70 


70 


8,9,10, 


72 


68 


9, 10, 


72 


60 


8,9, 


73 


58 


8,9, 


73 


63 


8,10, 


74 


70 


8,9, 


76 


70 


8,9, 


76 


68 


8,9, 


75 


62 


9, 10, 


74 


56 


8,9, 10, 



1, 2 

3, 5 

4, 2 

2, 1 

- 1 
1, 

3, 4 
2, - 
7, 1 
1, 3 

4, 3 

- 3 
1, 2 
1, 1 

2, 2, - 



46 FISH AND GAME. [Dec. 

The above table shows the number of shad taken, the proportion 
of males to females, temperature of water and air at 7 p.m., the 
time of drawing the seine, and the number of fish taken at each 
sweep. 

The run of shad in the Merrimac this year was extremely small. 
I am more than ever inclined to believe that the yearly decline of 
the shad fisheries of the Merrimac is directly traceable to the 
destroying of _ the young fish by the long-continued use of so many 
fine-mesh seines at the mouth of the river. It requires no argu- 
ment to convince any reasonable person that any method of fish- 
ing which destroys the young fish must certainly result in diminish- 
ing the number of mature fish to be found in our rivers. The 
practice of catching small fish for bait at the mouth of the Mer- 
rimac has been pursued to such an extent as to have ruined the 
shad fisheries on this stream, and the alewife fishery is destined 
to meet a similar fate. It has taken a long term of years to bring 
about this result. The process has been slow, but sure in its de- 
structiveness, and the end of shad-catching as a profitable business 
has been reached ; should the attempt to restock the stream be 
further continued, with any hope of success, it will be necessary 
to close the river to all seine fishing after June 1, for a period of 
ninety days. During the present season, although continually 
warned, some of the fishermen have persisted in using nets of 
illegal construction whenever an opportunity presented. As late 
as August 14 shad were taken by the use of the large seine man- 
aged by Mr. Thurlow, and sold to Capt. Charles White, command- 
ing the "Alice S. Hawk" of Gloucester. No complaint has been 
entered against the parties for violating the law, as we had hoped 
it would be possible to induce the fishermen to observe the law 
without taking them before the court. Our efforts in this direction, 
however, have been a failure, and resulted in abuse from those of 
the more lawless class. 

Respectfully yours, 

B. P. Chad wick. 



Bradford, Nov. 20, 1890. 
To the Commissioners on Inland Fisheries and Game. 

Gentlemen : — As a deputy fish and game commissioner, I 
submit the following report. 

During the present year there has been a marked improvement 
in our markets in respect to the sale of undersized lobsters. The 
retail dealers assure me that the enforcement of the law has been 



1890.] PUBLIC DOCUMENT — No. 25. 47 

the means of furnishing them with a more saleable class of lobsters, 
and very few if any of our dealers care to handle what are known 
to the trade as small lobsters. The sale of small lobsters is now 
wholly confined to those who catch them ; and not more than ten 
per cent, of the catchers retain small ones, as they have learned 
that it is to their disadvantage to destroy their own business by 
forcing small, inferior lobsters upon the market. The business of 
peddling small lobsters on the streets in our large cities has nearly 
ceased, much to the gratification of honest dealers, who lease a 
building and pay rent for their business. I have had occasion 
to make only two complaints this season : Geo. S. Seeley, of 
Beverly, who was fined $115 and costs ; J. P. Smith, of Worcester, 
who plead guilty, the case being placed on file on payment of 
costs. 

The law of 1890, in reference to the mutilation of live lobsters, 
has not accomplished the desired object, for the reason that there 
seems to be a difficulty in so framing a law of this nature as not 
to interfere with the rights of honest, well-disposed dealers, and 
to avoid the interrupting of those rights. The construction of the 
statute at present is such as to render its execution difficult. If 
it is injurious to the lobster industry to allow the catcher to break 
the tails from the small lobsters while alive, the person who 
furnishes a market for such illegal product should be held equally 
responsible. To avoid the law, nearly ten per cent, of the catch 
enters our markets in a mutilated form. To effectually stop the 
catcher from violating the law, close the market for his illegal 
product, and the inducement to violate the law is removed. 

For violation of game laws : offering partridges for sale in the 
close season, Pike & Co. of Lowell fined $20 and costs ; Geo. C. 
Webster of Lawrence plead guilty, case placed on file on payment 
of costs ; Wm. Henderson of Haverhill plead guilty, case placed 
on file on payment of costs. E. F. Gould of Middleton, setting 
snares, discharged. The taking of game birds with snares, and 
rabbits by the use of ferrets, is practised in nearly every county in 
the State. The advance in price at which game is selling in our 
markets tends to increase the number of those who resort to illegal 
methods of taking such. Many complaints have reached me this 
season, and I have given the subject such an investigation as time 
would permit. Eben F. Gould of Middleton was caught in the act 
of setting snares, but escaped conviction, the court ruling that the 
meaning of the statute was indefinite. I was forced to admit that 
there was a large opportunity for such a decision, and would 
suggest that section 6 of the game laws, in relation to snaring 
and the use of a ferret, be amended so that its execution may be 



48 FISH AND GAME. [Dec. 

more readily carried into effect. Birds and animals that have been 
illegally taken should be made subject to seizure, and the possession 
of such should be made an offence. 

There are many private parties in numerous sections of the State, 
as well as the Fish and Game Protective Association, who, at 
considerable expense, are engaged in the business of restocking 
our streams and forests with fish and game, many of them new 
and desirable species in this section of the country ; and it certainly 
would seem to be consistent on the part of the Commonwealth to 
render such legislative assistance as may tend to hasten the desired 

object. 

Respectfully yours, 

B. P. Chad wick, 

Deputy Commissioner Fish and Game. 



1890.] PUBLIC DOCUMENT — No. 25. 49 



[E.] 

Northampton, Mass., Oct. 22, 1890. 

To the Honorable Board of Massachusetts Commissioners on Inland 
Fisheries and Game. 

Gentlemen : — In compliance with your request for a report of 
the work accomplished by the Hampshire Trout-breeding Associa- 
tion during the past season, we submit the following. 

Dec. 25, 1889, we received 25,000 brook-trout eggs, kindly 
sent us by Hon. Marshall McDonald from the station at North- 
ville, Mich. ; and in January, 1890, the 35,000 presented by your 
honorable Board. These eggs were placed on thirty trays of the 
standard size, supplied with water brought 140 feet in three- 
quarter inch iron pipe, discharging into a small tank across the 
head of the main tanks. Before passing over the eggs, the water 
was filtered through six thicknesses of fine hair-cloth and flannel, 
these being frequently removed and cleaned. The water supply 
was taken from a well made of chestnut plank, which was sunk 
beside the brook, and over which the brook was conducted by 
an artificial canal. 

Our brook is constant in quantity, unaffected by season, and 
rises in numerous springs. When we located the hatchery upon 
this stream, no trouble from silt was anticipated ; but we did ex- 
perience great difficulty with it last winter. This difficulty can be 
overcome by taking the water supply from some springs 1,075 feet 
from the hatchery. This we propose to do this fall, if we can 
obtain the necessary financial aid. The estimated cost of piping- 
is about three hundred dollars. 

In spite of the trouble with the water, and its being our first 
experience in the hatchery, we succeeded in hatching about 98 per 
cent, of the spawn ; and, of those hatched, about 4 per cent, 
were lost. 



50 



FISH AND GAME. 



[Dec. 



About the middle of April the fry were distributed in the follow- 
ing streams : — 



Running Gutter Brook, Hatfield, about 
Broad Brook, Hatfield, about 
Hart's Brook, Hadley, about . 
Bradford Brook, Williamsburg, about . 
Joe Wright Brook, Williamsburg, about 
Mukins Brook, Williamsburg, about 
Unknornonk Brook, Williamsburg, about 
Potash Brook, Williamsburg, about 
Sawmill Brook, Northampton, about 
Beaver Brook, Haydenville, about 
A branch of the Dead Branch of the town of Chester 
field, 



5,000 
5,000 
3,000 
5,000 
5,000 
5,000 
5,000 
4,000 
10,000 
3,000 

5,000 



Not one of these brooks is posted. 

Regarding the extension of the lease, the owner of the land has 
been consulted, and says we can have a renewal for a term of five 
years after the expiration of our present lease in November, 1893 ; 
that is, we can control the land upon which the hatcheiy is located 
until the fall of 1898. 

Respectfully submitted, 

Dana Pearsox, 

Secretary. 



1890.] PUBLIC DOCUMENT — No. 25. SI 



pro 

COMMONWEALTH V. ARTHUR MANCHESTER. 

Field, C. J. The defendant was complained of for taking 
fish by the use of a purse seine in the waters of Buzzard's Bay 
within the jurisdiction of this Commonwealth. It appears by the 
report that the point in Buzzard's Bay where the seine was used 
"was within that part of Buzzard's Bay which the Harbor and 
Land Commissioners, acting under the provisions of section 2 of 
chapter 196 of the Acts of the year 1881, had, so far as they were 
capable of doing so, assigned to and made a part of the town of 
Falmouth" ; that the distance between the headlands at the mouth 
of Buzzard's Bay is "more than one and less than two marine 
leagues;" and that "the distance across said bay at the point 
where the acts of the defendant were done is more than two marine 
leagues, and the opposite points are in different counties." The 
place "was about, and not exceeding, one mile and a quarter 
from a point on the shore midway from the north line of" the 
town of Falmouth " to the south line" of said town. Buzzard's 
Bay lies wholly within the territory of Massachusetts, having 
Barnstable County on the one side and the counties of Bristol and 
Plymouth on the other. The defendant offered evidence that he 
was fishing for menhaden only with a purse seine, and that the 
bottom of the sea "was not encroached upon or disturbed"; 
" that it was impossible to discern objects across from one head- 
land to the other at the mouth of Buzzard's Bay " ; that he was a 
citizen of the State of Rhode Island, and that the vessel upon 
which he was employed and in connection with which he was using 
the seine belonged to Newport, in that State, and had been "duly 
enrolled and licensed at that port under the laws of the United 
States for carrying on the menhaden fishery." 

It was contended at the trial, among other things, that St. 1886, 
chapter 192, under which the complaint was made, had not 
repealed St. 1865, chapter 212 ; but this has not been argued in 
this court. It is plain that St. 1886, chapter 192, was intended 
to regulate the whole subject of using nets or seines for taking 
fish in the waters of Buzzard's Bay, and that by implication it 
repealed St. 1865, chapter 212, so far as that statute related to 
the taking of menhaden by the use of a purse seine in the waters 



52 FISH AND GAME. [Dec. 

of that bay. The principal question argued here is whether the 
place where the acts of the defendant were done was within the 
jurisdiction of the Commonwealth of Massachusetts. 

The Pub. Sts., chapter 1, sections 1, 2, are as follows : " Sec- 
tion 1. The territorial limits of this Commonwealth extend one 
marine league from its sea-shore at low-water mark. When an 
inlet or arm of the sea does not exceed two marine leagues in width 
between its headlands, a straight line from one headland to the 
other is equivalent to the shore line. Sect. 2. The sovereignty 
and jurisdiction of the Commonwealth extend to all places within 
the boundaries thereof, subject to the right of concurrent jurisdic- 
tion granted over places ceded to the United States." The Pub. 
Sts., chapter 22, section 1, contain the following provision : " The 
boundaries of counties bordering on the sea shall extend to the 
line of the Commonwealth, as denned in section one of chapter 
one." Section 11, of the same chapter, is as follows : " The juris- 
diction of counties separated by waters within the jurisdiction 
of the Commonwealth shall be concurrent upon and over such 
waters." The St. of 1881, ch. 196, which has been referred 
to, is as follows: "Section 1. The boundaries of cities and 
towns bordering upon the sea shall extend to the line of the Com- 
monwealth, as the same is defined in section one of chapter one 
of the General Statutes. Sect. 2. The harbor and land com- 
missioners shall locate and define the courses of the boundary 
lines between adjacent cities and towns bordering upon the sea, 
and upon arms of the sea, from high-water mark outward to the 
line of the Commonwealth, as defined in said section one, so that 
the same shall conform as nearly as may be to the course of the 
boundary lines between said adjacent cities and towns on the 
land ; and they shall file a report of their doiugs, with suitable 
plans and exhibits showing the boundary lines of any town by 
them located and defined, in the registry of deeds, in which deeds 
of real estate situated in such town are required to be recorded, 
and also in the office of the Secretary of the Commonwealth." 
Section 1 of chapter 1 of the General Statutes contains the pro- 
visions which have been before recited as now contained in Pub. 
Sts., chapter 1, section 1, and chapter 22, sections 1 and 11. 
These provisions were first enacted by St. 1859, chapter 289. 
The R. S., chapter 1, section 1, were as follows: "Section 1. 
The sovereignty and jurisdiction of the Commonwealth extend to 
all places within the boundaries thereof ; subject only to such 
rights of concurrent jurisdiction as have been or may be granted 
over any places ceded by the Commonwealth to the United States." 
The boundaries of the Commonwealth on the sea were first exactly 



1890.] PUBLIC DOCUMENT — No. 25. 53 

defined by St. 1859, chapter 289. The boundaries of the territory 
granted by the charter of the colony of New Plymouth, or of the 
territory included in the province charter, need not to be particu- 
larly set forth. Buzzard's Bay was undoubtedly within the terri- 
tory described in those charters. 

By the definitive treaty of peace between the United States of 
America and Great Britain " His Britannic Majesty acknowledges 
the said United States, viz., New Hampshire, Massachusetts Bay, 
to be free, sovereign and independent States ; that he treats with 
them as such ; and for himself, his heirs and successors, relin- 
quishes all claims to the government, propriety and territorial 
rights of the same and every part thereof." 8 U. S. Sts. at 
Large, 81. If Massachusetts had become an independent nation, 
there can be no doubt, we think, that her boundaries on the sea, 
as she has defined them by the statutes, would be acknowledged 
by all foreign nations, and that her right to control the fisheries 
within these boundaries would be conceded. It has often been a 
matter of controversy how far a nation has a right to control the 
fisheries on its sea-coast and in the bays and arms of the sea 
within its territory ; but the limits of this right have never been 
placed at less than a marine league from the coast on the open sea ; 
and bays wholly within the territory of a nation the headlands 
of which are not more than six geographical miles apart have 
always been regarded as a part of the territory of the nation in 
which they lie. More extensive rights in these respects have been 
and are now claimed by some nations ; but, so far as we are 
aware, all nations concede to each other the right to control the 
fisheries within a marine league of the coast and in bays within the 
territory, the headlands of which are not more than two marine 
leagues apart. 

In the proceedings of the Halifax Commission under the treaty 
of Washington of May 8, 1871, where it was for the interest of the 
United States to claim against Great Britain, independently of 
treaties, as extensive rights of fishing as could be maintained, the 
claim was stated in the answer on behalf of the United States as 
follows: "It becomes necessary at the outset to inquire what 
rights American fishermen and those of other nations possess, in- 
dependently of treaty, upon the ground that the sea is the common 
property of all mankind. For the purposes of fishing, the terri- 
torial waters of every country along the sea-coast extend three 
miles from low-water mark ; and beyond is the open ocean, free to 
all. In the case of bays and gulfs such only are territorial waters 
as do not exceed six miles in width at the mouth, upon a straight 
line measured from headland to headland. All larger bodies of 



54 FISH AND GAME. [Dec. 

water connected with the open sea form a part of it. And, when- 
ever the month of a bay or gulf exceeds the maximum width of 
six miles at its mouth, and so loses the character of territorial or 
inland waters, the jurisdictional or proprietary line for the purpose 
of excluding foreigners from fishing is measured along the shore of 
the bay according to its sinuosities, and the limit of exclusion is 
three miles from low-water mark." (House of Representatives, 
45th Congress, 2d session, Ex. Doc. No. 89, p. 120.) The 
government of Canada had been instructed by the government of 
Great Britain, on April 12, 1866, "that American fishermen 
should not be interfered with either by notice or otherwise, unless 
found within three miles of the shore or within three miles of a 
line drawn across the mouth of a bay or creek which is less than 
ten geographical miles in width, in conformity with the arrange- 
ment made with France in 1839"; but afterwards the British 
government issued instructions " that the United States fishermen 
will not be for the present prevented from fishing except within 
three miles of the land, or in bays which are less than six miles 
broad at the mouth" (ibid., pp. 120, 121). It is true that Mr. 
Dana, of counsel for the United States, contended in argument 
with reference to the right to fish in the open sea, " that the deep- 
sea fisherman, pursuing the free-swimming fish of the ocean with 
his net or his leaded line, not touching shores or troubling the 
bottom of the sea, is no trespasser, though he approach within three 
miles of a coast, by any established, recognized law of all nations " 
(ibid p. 1654,). This contention, however, did not touch the 
right to fish in bays or arms of the sea, and it was not the claim 
actually made by the United States before the commission. This 
is stated in the answer and in the brief of the United States. 
The answer does not allude to any such position as that taken by 
Mr. Dana in his closing argument, but in the brief it is said : 
" Many authorities maintain that, whenever under the law of 
nations any part of the sea is free for navigation, it is likewise 
free for fishing for those who sail over its surface. But, without 
insisting upon this, the inevitable conclusion is that, prior to the 
treaty of Washington, the fishermen of the United States as well 
as those of all other nations could rightfully fish in the open sea 
more than three miles from the coast, and could also fish at the 
same distance from the shore at all bays more than six miles in 
width, measured in a straight line from headland to headland " 
(ibid., p. 166). 

The counsel for the defendant in the case at bar place much 
reliance upon the decision in The Queen v. Keyn, 2 Ex. D. 63. 
In that case the defendant was the officer in command of the 



1890.] PUBLIC DOCUMENT — No. 25. 55 

Franconia, a German steamer, which at a point " one mile and 
nine-tenths of a mile S.S.E. from Dover pier-head, and within 
two and a half miles from Dover beach," in the English chan- 
nel, ran down and sunk the British steamer Strathclyde, and 
one of the Strathclyde's passengers was drowned. The defendant 
was indicted in the Central Criminal Court for manslaughter. 
The question was, whether the offence was committed within the 
jurisdiction of the admiralty, the Central Criminal Court having 
jurisdiction to hear and determine any offence alleged " to have 
been committed within the jurisdiction of the Admiralty of Eng- 
land, on the high seas or other places" (p. 100). A majority of 
the court held that the offence was committed on the German 
steamer, and not on the British steamer ; and that, under the 
laws then existing, there was no admiralty jurisdiction over an 
offence committed by a foreigner on a foreign ship on the open 
sea, whether within or without a marine league of the shore of 
England. In consequence of this decision, Parliament passed 
the St. of 41 and 42 Vict, chapter 73. By that act it was declared 
that, "for the purpose of any offence declared by this Act to be 
within the jurisdiction of the Admiral, any part of the open sea 
within one marine league of the coast, measured from low-water 
mark, shall be deemed to be open sea within the territorial waters 
of Her Majesty's dominions." It is obvious that by this decision 
the court did not attempt to define the extent of the dominion of 
Great Britain over the open sea adjacent to the coast, but only the 
extent of the existing admiralty jurisdiction over offences com- 
mitted on the open sea. The courts of England would undoubt- 
edly enforce any act of Parliament conferring upon them 
jurisdiction over offences committed anywhere. It is equally 
obvious that the decision has nothing to do with the right of con- 
trol over fisheries in the open sea, or in bays or arms of the sea. 
The case contains a great deal of learning upon the respec- 
tive limits of the common-law jurisdiction and of the admiralty 
jurisdiction in England over crimes, and upon the boundaries 
of counties in England under the laws then existing. These 
distinctions are immaterial in the case at bar, except with 
reference to the contention that the place where the acts com- 
plained of were done was within the admiralty jurisdiction of the 
courts of the United States. The boundaries of counties in 
Massachusetts may be defined by statute, and they may be made 
to extend over all the territory of Massachusetts, whether it be 
sea or land ; and, if Massachusetts has a right to control the 
fisheries in Buzzard's Bay, offences in violation of the regulations 
which the State may establish can be tried in any of its courts 



56 FISH AND GAME. [Dec. 

upon which it may confer jurisdiction. It is to be noticed, how- 
ever, that, in all the citations contained in the different opinions 
given in The Queen v. Keyn, wherever the question of the right of 
fishery is referred to, it is conceded that the control to the extent 
at least of a marine league belongs to the nation on whose coasts 
the fisheries are. The argument of Mr. Benjamin, of counsel for 
the defendant, is not contained in the report of the case ; but, 
from the statement of Mr. Justice Lindley, found on p. 90 of 
the report, it seems that he admitted that the dominion of a State 
over the seas adjoining its shore existed for the purpose of pro- 
tecting u its coasts from the effects of hostilities between other 
nations which may be at war, the protection of its revenue and of 
its fisheries, and the preservation of order by its police." 

In the Direct United States Cable Co. v. Anglo-American Tele- 
graph Co., 2 App. Cas. 394, it became necessary for the Privy 
Council to determine whether a point in Conception Bay, New- 
foundland, more than three miles from the shore, was a part of the 
territory of Newfoundland, and within the jurisdiction of its 
Legislature. The average width of the bay " is about fifteen 
miles," and the distance between the headlands is " rather more 
than twenty miles." Lord Blackburn, in delivering the opinion, 
says at 416: "The question raised in this case, and to which 
their Lordships confine their judgment, is as to the territorial 
dominion over a bay of configuration and dimensions such as those 
of Conception Bay above described. The few English common 
law authorities on this point relate to the question as to where 
the boundary of counties ends, and the exclusive jurisdiction at 
common law of the court of admiralty begins, which is not 
precisely the same question as that under consideration ; but this 
much is obvious, that when it is decided that any bay or estuary 
of any particular dimensions is or may be a part of an English 
county, and so completely within the realm of England, it is 
decided that a similar bay or estuary is or may be part of the 
territorial dominions of the country possessing the adjacent shore." 
He cites the well-known language of Lord Hale : " That arm or 
branch of the sea which lies within the fauces terra?, where a man 
may reasonably discerne between shore is, or at least may be, 
within the body of a county, and, therefore, within the juris- 
diction of the sheriff or coroner," and comments upon its indefinite- 
ness ; and then cites the case of Regina v. Cunningham, Bell's Cr. 
C. 72, 86, and says that in this case u this much was determined ; 
that a place in the sea, out of any river, and where the sea was 
more than ten miles wide was within the county of Glamorgan, and 
consequently, in every sense of the words within the territory of 



1890.] PUBLIC DOCUMENT — No. 25. 57 

Great Britain. Apparently he was of opinion that by most of the 
text-writers on international law Conception Bay would be excluded 
from the territory of Newfoundland, and that the part of the 
Bristol channel, which in Reginav. Cunningham was decided to be 
in the couuty of Glamorgan, would be excluded from the territory 
of Great Britain ; but he decides that Conception Bay is a part of 
the territory of Newfoundland, because the British government 
has exercised exclusive dominion over it, with the acquiescence 
of other nations, and it has been declared by act of Parliament 
"to be part of the British territory, and part of the country made 
subject to the Legislature of Newfoundland." 

We regard it as established that, as between nations, the 
minimum limit of the territorial jurisdiction of a nation over tide- 
waters is a marine league from its coast ; and that bays wholly 
within its territory, not exceeding two marine leagues in width at 
the mouth, are within this limit ; and that included in this territorial 
jurisdiction is the right of control over fisheries, whether the fish 
be migratory, free-swimming fish, or free-moving fish like lobsters, 
or fish attached to or embedded in the soil. The open sea within 
this limit is of course subject to the common right of navigation ; 
and all governments, for the purpose of self -protection in time of 
war or for the prevention of frauds on their revenue, exercise an 
authority beyond this limit. We have no doubt that the British 
Crown will claim the ownership of the soil in the bays and in the 
open sea adjacent to the coast of Great Britain to at least this 
extent whenever there is aoy occasion to determine the ownership. 
The authorities are collected in Gould on Waters, part 1, cc. 1, 2, 
and notes. (See also Weill v. Duke of Devonshire, 8 App. Cas. 
135 ; Oammell v. Commissioners of Woods and Forests, 3 Macq. 
419 ; Mowat v. McFee, 5 Sup. Ct. of Canada, 66 ; The Queen v. 
Cubitt, 22 Q. B. D. 622 ; St. 46 and 47 Vict. c. 22.) 

But it is argued that, if the fisheries of Buzzard's Bay are within 
the control of either the State of Massachusetts or of the United 
States, this control, by the Constitution of the United States, is 
exclusively with the United States. The question is, therefore, 
whether the statutes of Massachusetts which have been cited are 
repugnant to the Constitution and laws of the United States. 
There is no belt of land under the sea adjacent to the coast which 
is the property of the United States and not the property of the 
States. It is conceded that the case of Dunham v. Lamphere, 
3 Gray, 268, is decisive of the case at bar, if that case was cor- 
rectly decided. That case was decided before the passage of 
St. 1859, chapter 289 ; and the place where the acts complained of 
were done was not within a bay, but in the sea within one mile of 



58 FISH AND GAME. [Dec. 

Gravel Island. Shaw, C. J., says, in the opinion : "Being within 
a mile of the shore puts it beyond doubt that it was within the 
territorial limits of the State, although there might in many cases 
be some difficulty in ascertaining precisely where that limit is. 
We suppose the rule to be, that these limits extend a marine 
league, or three geographical miles, from the shore ; and in ascer- 
taining the line of shore this limit does not follow each narrow 
inlet or arm of the sea ; but when the inlet is so narrow that per- 
sons and objects can be discerned across it by the naked eye, 
the line of territorial jurisdiction stretches across from one head- 
land to the other of such inlet" (pp. 269, 270). He then proceeds 
to discuss the question "Whether the right of property and of 
dominion and government over the sea-coast fisheries, and all 
fisheries in tide-waters and arms of the sea, belong properly to the 
general government or remain with the State government" ; and he 
concludes that " in the distribution of powers between the general 
and the State governments," " the right to the fisheries and the 
power to regulate the use of the fisheries on the coasts and in the 
tide-waters of the State " were left by the Constitution of the 
United States with the States, " subject only to such powers as 
Congress may justly exercise in the regulation of commerce, 
foreign and domestic " ; and he says " that the exercise of both of 
these are not inconsistent, and therefore not in conflict with each 
other, was also settled by the Supreme Court of the United States, 
in the case of Wilson v. Black Bird Creek Marsh Co., 2 Pet. 245." 
In Dunham v. Lamphere, ubi supra, the defendant was a citizen of 
the State of Rhode Island, and the owner and master of a fishing ves- 
sel which had been duly licensed as a fishing vessel pursuant to the 
laws of the United States ; but it is said that this license did not 
affect the question. We are asked to reconsider this decision 
mainly on the ground that the admiralty and maritime jurisdiction 
of the courts of the United States was not considered in the 
opinion. It has, indeed, been suggested that the recent decisions 
of the Supreme Court of the United States upon the power of 
Congress " to regulate commerce with foreign nations, and among 
the several States, and with the Indian tribes" (Const. U. S., 
Art. I, § 8), require that this decision be reconsidered; but no 
recent decisions of that court have been cited which relate to the 
regulation and control of the fisheries within the territorial tide- 
waters of a State, and the decisions of that court which relate to 
this subject are considered hereafter, and they do not appear to be 
in conflict with the decision in Dunham v. Lamphere. So far as 
we know it has never been decided anywhere, that the regulation 
of the fisheries within the territorial limits of a State is a regulation 



1890.] PUBLIC DOCUMENT— No. 25. 59 

of commerce ; the decisions are that the control of the fisheries is 
not included in the grant of power to Congress to regulate 
commerce (Gould on Waters, § 38). In all treaties- and inter- 
national relations the coast fisheries are regarded as a distinct 
subject from that of commerce. The argument addressed to us is 
that by the Constitution of the United States the judicial power of 
the United States extends " to all cases of admiralty and maritime 
jurisdiction" (Const. U.S., Art. Ill, § 2); that this power is 
exclusive ; that the case at bar is within this jurisdiction, and that 
therefore the courts of Massachusetts have no jurisdiction over it. 
It must, we think, be considered as settled that, if land on the 
coast be reclaimed from the sea, or if piers or wharves be extended 
into the sea, such land and structures are a part of the territory of 
the State whose shores they adjoin. Pollard v. Hagan, 3 How. 
212. Weber v. Harbor Commissio?iers, 18 Wall. 57. Common- 
wealth v. Roxbury, 9 Gray, 451. Commonwealth v. Alger, 7 
Cush. 53. Boston v. Richardson, 105 Mass. 351. Galveston v. 
Menard, 23 Texas, 394. Barney v. Keokuk, 94 U. S. 324. 

In McCready v. Virginia, 94 U. S. 391, it is said in the opinion 
that " the precise question to be determined, in this case, is whether 
the State of Virginia can prohibit the citizens of other States from 
planting oysters in Ware River, a stream in that State, where the 
tide ebbs and flows, when its own citizens have that privilege. The 
principle has long been settled in this court, that each State owns 
the beds of all tide-waters within its jurisdiction, unless they 
have been granted away. Pollard v. Hagan, 3 How. 212 ; 
Smith v. Maryland, 18 How. 74 ; Mumford v. Wardwell } 6 
Wall. 423, 436 ; Weber v. Harbor Commissioners, 18 Wall. 57, 66. 
In like manner, the States own the tide-waters themselves, and the 
fish in them, so far as they are capable of ownership while running. 
For this purpose the State represents its people, and the owner- 
ship is that of the people in their united sovereignty. Martin v. 
Waddell, 16 Pet. 367, 410. The title thus held is subject to the 
paramount right of navigation, the regulation of which, in respect 
to foreign and interstate commerce, has been granted to the 
United States. There has been, however, no such grant of power 
over the fisheries. These remain under the exclusive control of 
the State, which has consequently the right, in its discretion, to ap- 
propriate its tide-waters and their beds to be used by its people 
as a common for taking and cultivating fish, so far as it may be 
done without obstructing navigation. Such an appropriation is in 
effect nothing more than a regulation of the use by the people of 
their common property. The right which the people of the State 
thus acquire comes not from their citizenship alone, but from their 



GO FISH AND GAME. [Dec, 

citizenship and property combined. It is, in fact, a property 
right, and not a mere privilege or immunity of citizenship." 

In Smith v. Maryland, 18 How. 71, 74, every question was 
discussed which arises in the case at bar, except the question 
whether the place where the acts of the present defendant were 
done was within the territory of Massachusetts. In that case the 
plaintiff in error was a citizen of Pennsylvania, and owner of a 
sloop licensed to be employed in the coasting trade and fisheries, 
which was seized by the sheriff of Anne Arundel County in Mary- 
land, while engaged in dredging for oysters in Chesapeake Bay, 
in violation of a statute of Maryland enacted for the purpose of 
preventing the destruction of oysters in the waters of that State. 
The questions presented and argued were whether that statute 
was repugnant to provisions of the Constitution of the United 
States, which grant to Congress the power to regulate commerce, 
or to those which declare that the judicial power of the United 
States shall extend to all cases of admiralty and maritime jurisdic- 
tion, or which declare that the citizens of each State " shall be 
entitled to all privileges and immunities of citizens in the several 
States" (Const. U. S., Art. IV., § 2). Mr. Justice Curtis, in 
delivering the opinion, says: "Whatever soil below low-water 
mark is the subject of exclusive propriety and ownership, belongs 
to the State on whose maritime border and within whose territory it 
lies, subject to any lawful grants of that soil by the State, or the 
sovereign power which governed its territory before the declaration 
of independence. Pollard v. Hagan, 3 How. 212 ; Martin v. 
Waddell, 16 Pet. 367; Den v. Jersey Co., 15 Howard, 426. 
But this soil is held by the State, not only subject to, but in some 
sense in trust for, the enjoyment of certain public rights, among 
which is the common liberty of taking fish, — as well shell-fish as 
floating fish." He also says that the statute of Maryland does 
44 not touch the subject of the common liberty of taking oysters, 
save for the purpose of guarding it from injury, to whomsoever it 
may belong, and by whomsoever it may be enjoyed. Whether this 
liberty belongs exclusively to the citizens of the State of Mary- 
land, or may lawfully be enjoyed in common by all citizens of the 
United States ; whether this public use may be restricted by the 
State to its own citizens, or a part of them, or by force of the Con- 
stitution of the United States must remain common to all citizens 
of the United States ; whether the national government, by a 
treaty or act of Congress, can grant to foreigners the right to par- 
ticipate therein ; or what, in general, are the limits of the trust upon 
which the State holds this soil, or its power to define and control 
that trust, are matters wholly without the scope of this case, 



1890.] PUBLIC DOCUMENT — No. 25. 61 

and upon which we give no opinion." Upon the question of the 
admiralty jurisdiction he says : " But we consider it to have 
been settled by this court, in United States v. Bevans, 3 Wheat. 
336, that this clause in the Constitution did not affect the jurisdic- 
tion, nor the legislative power of the States, over so much of their 
territory as lies below high-water mark, save that they parted with 
the power so to legislate as to conflict with the admiralty juris- 
diction or laws of the United States. As this law conflicts 
neither with the admiralty jurisdiction of any court of the United 
States conferred by Congress, nor with any law of Congress what- 
ever, we are of opinion it is not repugnant to this clause of the 
Constitution. " He also held that it was not repugnaut to 
the clause of the Constitution which conferred upon Congress the 
power to regulate commerce, and that the enrolment and license 
of the vessel conferred upon the plaintiff in error no right to 
violate the statute of Maryland. It is said, in the opinion, that 
4 'no question was made in the court below whether the place in 
question be within the territory of the State. The law is, in terms, 
limited to the waters of the State." The question, therefore, did 
not arise, " whether a voyage of a vessel, licensed and enrolled for 
the coasting trade, had been interrupted by force of a law of a State 
while on the high seas, and out of the territorial jurisdiction of 
such State. " The dimensions of Chesapeake Bay do not appear 
in the report of the case, but it has been said that this bay is 
" twelve miles across at the ocean. " 1 Bishop Crim. Law, 
section 75. It is a bay considerably larger than Buzzard's Bay, 
and is not wholly within the State of Maryland, although, at the 
point where Anne Arundel County bounds upon it, it is wholly in 
that State. Haney v. Compton, 7 Vroom, 507. Corfield v. 
Coryell, 4 Wash. C. C. 371. Weston v. Sampson, 8 Cush. 347. 
Mahler v. The Norwich & New York Transportation Co., 35 N. Y. 
352. United States v. Smiley, 6 Saw. C. Ct. 640. 

The argument from the grant of judicial power to the United 
States in all cases of admiralty and maritime jurisdiction proceeds 
upon the theory that the jurisdiction thus granted is the jurisdic- 
tion as to subject matter and place, which courts of admiralty 
exercised in England when the Constitution was adopted ; and that 
this is an exclusive jurisdiction, civil and criminal, which is fixed, 
and cannot be changed by legislation. But in civil causes the 
jurisdiction both as to subject matter and place is not exactly that 
of the Courts of Admiralty of England at any time, and this 
jurisdiction can within certain limits be changed by Congress ; and, 
under the existing laws, personal suits on maritime contracts or for 
maritime torts can be maintained in the State courts, and the courts 



62 FISH AND GAME. [Dec. 

of the United States, merely by virtue of this grant of judicial 
power, have no criminal jurisdiction whatever. The criminal 
jurisdiction of the courts of the United States is wholly derived 
from the statutes of the United States ; and these statutes, so far 
as they have been passed under the grant of admiralty and 
maritime jurisdiction for the punishment of the offences committed 
on the high seas, or in bays and arms of the sea, have usually been 
confined to offences committed "out of the jurisdiction of any 
particular State." Butler v. Boston & Savannah Steamship Co., 
130 U. S. 527. The Belfast, 7 Wall. 624. The Eagle, 8 
Wall. 15. Leon v. Galceran, 11 Wall. 185. Steamboat Co, 
v. Chase, 16 Wall. 522 ; S. C. 9 R. I. 419. Schoonmaker v. Gil- 
more, 102 U. S. 118. Insurance Co. v. Dunham, 11 Wall. 1. Ex 
parte Byers, 32 Fed. Rep. 404. 

In each of the cases of the United States v. Bevans, 3 Wheat. 
336, and of the Commonwealth v. Peters, 12 Met. 387, the place 
where the offence was committed was in Boston harbor, and it was 
held to be within the jurisdiction of Massachusetts, according to 
the meaning of the statutes of the United States which punished 
certain offences committed upon the high seas or in any river, 
haven, basin or bay " out of the jurisdiction of any particular State." 
The test applied in Commonwealth v. Peters, which was decided in 
the year 1847, was that the place was within a bay " not so wide 
but that persons and objects on the one side can be discerned by 
the naked eye by persons on the opposite side," and was there- 
fore within the body of a county. In United States v. Bevans, 
Marshall, C. J., said : "The jurisdiction of a State is coextensive 
with its territory ; coextensive with its legislative power. The 
place described is unquestionably within the original territory of 
Massachusetts. It is, then, within the jurisdiction of Massachu- 
setts, unless that jurisdiction has been ceded to the United States." 

There are no statutes of the United States which, as we construe 
them, purport to regulate the menhaden fisheries on the coast or 
within the bays of Massachusetts. The rights granted to British 
subjects by the treaties of June 5, 1854, and May 8, 1871, to take 
fish upon the shores of the United States, had expired before the 
statute of Massachusetts (St. 1886, c. 192) was passed which the de- 
fendant is charged with violating. If the place where the offence 
charged in this case was committed is within the general jurisdiction 
of Massachusetts, then, according to the principles declared in Smith 
v. Maryland, the statute in question is not repugnant to the Con- 
stitution and laws of the United States. The contention is that 
the jurisdiction of a State as between it and the United States 
must be confined to the body of counties ; and that counties must 



1890.] PUBLIC DOCUMENT — No. 25. 63 

be defined according to the customary English usage at the time 
of the adoption of the constitution of the United States ; and that 
by this usage counties were bounded by the margin of the open 
sea ; and that as to bays and arms of the sea extending into the 
land, only such or such parts were included in counties as were so 
narrow that objects could be distinctly seen from one shore to the 
other by the naked eye. We are unable to find any indication 
anywhere that the customary law of England in regard to the 
boundaries of counties was adopted by the Constitution of the 
United States as a measure to determine the territorial jurisdiction 
of the States. The extent of the territorial jurisdiction of Massa- 
chusetts over the sea adjacent to its coast is that of an independent 
nation, and, except so far as any right of control over this territory 
has been granted to the United States, the control remains with 
the State. 

In United States v. Bevans, Marshall, C. J., in the opinion 
asks the following questions: "Can the cession of all cases of 
admiralty and maritime jurisdiction be construed into a cession 
of the waters on which those cases may arise?" "As the powers 
of the respective governments now stand, if two citizens of 
Massachusetts step into shallow water when the tide flows, and 
fight a duel, are they not within the jurisdiction, and punishable by 
the laws, of Massachusetts? " It would be a startling proposition 
that all persons who step into tide-water on the open coast of 
Massachusetts are, while they remain there, wholly beyond the 
jurisdiction of the State. The statutes of the United States define 
and punish but few offences on the high seas ; and, unless other 
offences when committed in the sea near the coast can be punished 
by the States, there is a large immunity from punishment for acts 
which ought to be punishable as criminal. There are reasons, 
perhaps, why the States should not exercise in all respects the 
same authority over the open sea near the shore as over bays 
w ithin their limits ; and Congress or the courts of the United 
States might refuse to recognize the right of a State by statute to 
extend its territorial limits beyond what is generally recognized as 
the territorial limits of States by the law of nations. Within these 
limits we think a State can define its boundaries on the sea and 
the boundaries of its counties, and by this test the Commonwealth 
of Massachusetts can include Buzzard's Bay within the limits of 
its counties. 

The statutes of Massachusetts, in regard to bays at least, 
make definite boundaries which before the passage of the 
statutes were somewhat indefinite ; and, if it were necessary so to 
consider the statutes, they might well be taken to be a definition 



64 FISH AND GAME. [Dec. 

of the distance which a person can see, although the origin and 
history of the statutes lias no connection with the English law 
concerning the boundaries of counties. It is to be noticed that 
Rhode Island and some other States have passed similar statutes 
defining their boundaries. Pub. Sts. of Rhode Island, 1882, 
chapter 1, sections 1 and 2; chapter 3, section 6. Gould on 
Waters, section 16, and note. The waters of Buzzard's Bay 
are, of course, navigable waters of the United States, and the 
jurisdiction of Massachusetts over them is necessarily limited 
(Commonwealth v. King, 150 Mass. 221) ; but we have no occa- 
sion to consider the power of the United States to regulate or 
control either by treaty or legislation the fisheries in these waters, 
because there are no existing treaties or acts of Congress which 
seem to us to relate to the menhaden fisheries within such a bay. 
The statute of Massachusetts which the defendant is charged with 
violating is in terms confined to waters " within the jurisdiction 
of this Commonwealth ; " and it was passed, we think, for the 
preservation of the fish, and it makes no discrimination in favor 
of citizens of Massachusetts and against citizens of other States. 
If there be a liberty of fishing for swimming fish in the navi- 
gable waters of the United States, common to the inhabitants or 
the citizens of the United States, upon which we express no 
opinion, the statute may well be considered as an impartial and 
reasonable regulation of this liberty ; and the subject is one which 
a State may well be permitted to regulate within its territory, in 
the absence of any regulation by the United States. The preser- 
vation of fish, even although they are not used as food for human 
beings, but as food for other fish which are so used, is for the 
common benefit, and we are of opinion that the statute is not 
repugnant to the Constitution and the laws of the United States. 
We see no error in the rulings at the trial, and there must be 
judgment on the verdict. 

So ordered. 



1890.] PUBLIC DOCUMENT — No. 25. 65 



[G.] 
LEGISLATION. 



[Chap. 30.] 
An Act to amend an act to protect the fisheries in the 

tributaries of plum island bay. 
Be it enacted, etc., as follows: 

Section two of chapter one hundred and five of the acts of the 
year eighteen hundred and eighty-seven is hereby amended so as 
to read as follows : — Section 2. The catching of smelts in the 
waters mentioned in section one between the fifteenth day of 
March and the first day of June is hereby prohibited, and whoever 
sells or offers or exposes for sale or has in his possession a smelt 
so taken in these waters within said season shall be subject to the 
same penalties as are provided in section fifty-seven of chapter 
ninety-one of the Public Statutes. [Approved February 18, 1890. 



[Chap. 91.] 
An Act to repeal certain acts prohibiting the seining of 

fish in the ponds on the island of nantucket. 
Be it enacted, etc., as follows : 

Section 1. Chapter one hundred and eighty of the acts of the 
year eighteen hundred and seventy-five and chapter forty-nine of 
the acts of the year eighteen hundred and seventy-six, prohibiting 
the seining of fish in the ponds on the island of Nantucket, are 
hereby repealed. 

Sect. 2. This act shall take effect upon its passage. [Ap- 
proved March 13, 1890. 

[Chap. 129.] 
An Act to prevent injury to fish in brooks and streams by 

SAWDUST. 

Be it enacted, etc., as follows : 

Section 1. When the board of commissioners on inland fish- 
eries and game shall decide that the fish of any brook or stream in 
this Commonwealth are of sufficient value to warrant the prohibi- 
tion or regulation of the discharge of sawdust from saw-mills into 
such brook or stream, and that the discharge thereof from any 
particular saw-mill materially injures such fish, they shall, by 



66 FISH AND GAME. [Dec. 

written order to the owner or tenant of such saw-mill, prohibit or 
regulate the discharge of sawdust from such mill into such brook 
or stream. Such order may be revoked or modified by the board 
of commissioners on inland fisheries and game at any time. 

Sect. 2. Any person so notified who shall discharge, or suffer 
or permit to be discharged from such saw-mill while under his 
control, any sawdust into any brook or stream contrary to the 
order of the board of commissioners on inland fisheries and game, 
shall be punished by a fine not exceeding twenty-five dollars. 
[Approved March 28, 1890. 



[Chap. 193.] 
An Act to limit the time within which trout, landlocked 
salmon and lake trout may be taken in berkshire, frank- 
lin, hampshire and hampden counties. 

Be it enacted, etc., as follows : 

Section 1. Chapter one hundred and seventy-one of the acts 
of the year eighteen hundred and eighty-four is hereby amended 
by adding at the end of the first section the words : — except in 
the counties of Berkshire, Franklin, Hampshire and Hampden, 
where such time shall be between the first day of August and the 
first day of April, under a penalty of not less than ten and not 
more than twenty-five dollars for each and every violation hereof, 
— so that the section shall read as follows: — Section 1. The 
time within which any person is forbidden to take, sell, offer or 
expose for sale or to have in his possession a trout, landlocked 
salmon, or lake trout, by sections fifty-one and fifty-three of 
chapter ninety-one of the Public Statutes, shall be between the 
first day of September and the first day of April, except in the 
counties of Berkshire, Franklin, Hampshire and Hampden, where 
such time shall be between the first day of August and the first 
day of April, under a penalty of not less than ten and not more 
than twenty-five dollars for each and every violation hereof. 

Sect. 2. Chapter two hundred and seventy-six of the acts of 
the year eighteen hundred and eighty-eight is hereby repealed. 

Sect. 3. This act shall take effect upon its passage. [Ap- 
proved April 18, 1890. 

[Chap. 229.] 
An Act to prohibit the use of set nets and gill nets within 

one-half mile of the shores of the town of mattapoisett. 
Be it enacted, etc., as follows: 

Section 1. Section four of chapter one hundred and ninety- 
two of the acts of the year eighteen hundred and eighty-six, as 



1890.] PUBLIC DOCUMENT — No. 25. 67 

amended by section one of chapter one hundred and ninety-seven 
of the acts of the year eighteen hundred and eighty-seven, is 
hereby further amended by striking out all after the word " Fair- 
haven", in the twelfth line of said section, so as to read as 
follows: — Section 4. Nothing contained in this act shall be 
construed to interfere with the corporate rights of any fishing 
company located on said bay, nor to in any way affect the fish 
weirs mentioned in section seventy of chapter ninety-one of the 
Public Statutes, nor to the use of nets or seines in lawful fisheries 
for shad or alewives in influent streams of said bay, nor to the use 
of set nets or gill nets in the waters of the town of Fairhaven 
within a line drawn from Cormorant rock south-westerly to the 
buoy on West island rips and from thence westerly in a straight 
course through the buoy on West island ledge to the town line of 
Fairhaven. 

Sect. 2. This act shall take effect upon its passage. [Ap- 
proved April 26, 1890. 

[Chap. 231.] 
An Act relative to fishing in unnavigable tidal streams. 

Be it enacted, etc., as follows : 

Section thirty-one of chapter ninety-one of the Public Statutes 
is hereby amended by striking out the words " The owner of an 
innavigable tidal stream where the same empties into salt water, 
and", in the first and second lines, and inserting in place thereof 
the words: — The riparian proprietor on an unnavigable tidal 
stream, whether the waters of the same are enclosed or not, — and 
is hereby further amended by striking out the word "also", in 
the fourth line of said section, and inserting in place thereof the 
words : — a riparian proprietor at the mouth of such stream shall 
also have control of the fishing thereof, — and by adding after the 
word " premises ", in the fourth line of said section, the words : — 
and opposite thereto to the middle of the stream, — so that said 
section shall read as follows : — Section 31 . The riparian pro- 
prietor on an unnavigable tidal stream, whether the waters of the 
same are enclosed or not, in which fishes are lawfully cultivated 
or maintained, shall have the control of the fishery thereof within 
his own premises and opposite thereto to the middle of the stream, 
and a riparian proprietor at the mouth of such stream shall also 
have control of the fishing thereof beyond and around the mouth 
of the stream so far as the tide ebbs, provided it does not ebb 
more than eighty rods ; and whoever fishes within these limits 
without permission of such owner shall forfeit not less than one 
dollar nor more than twenty dollars for the first offence, and not 



68 FISH AND GAME. [Dec. 

less than five nor more than fifty dollars for any subsequent 
offence ; and shall in addition forfeit any boat and apparatus used 
in such illegal fishing. [Approved April 26, 1890. 



[Chap. 336.] 

An Act to further regulate the taking of fish in north 
river in the county of plymouth. 

Be it enacted, etc., as follows : 

Section 1. Whoever sets or stretches any seine in North river 
in the county of Plymouth so as to obstruct the free passage of 
fish, except when lawfully fishing, or who shall take fish in viola- 
tion of existing laws regulating the seining of fish in said river, 
shall be subject to the penalties specified in section six of chapter 
forty-four of the acts of the year eighteen hundred and eighty-one, 
and in addition thereto shall forfeit all seines, boats and apparatus 
used in connection with such use of seines. 

Sect. 2. The preceding section or any existing law shall not 
be construed to prohibit the use of a hoop net for fishing through 
ice, the meshes of which shall not be less than two inches in 
length and the hoop of which shall not be more than five feet in 
diameter. 

Sect. 3. Whoever uses any torch, lamp or other artificial light 
to aid in the spearing of eels, or locating fish in said river or in 
its tributaries, shall for each offence be subject to a fine of not 
less than five nor more than twenty dollars. 

Sect. 4. Any seine set or placed in said river in violation of 
law is declared to be a common nuisance, and it shall be lawful 
for any person to take a seine so found and hold it for the period 
of forty-eight hours, so that the same may if need be seized and 
libelled in due course of law. 

Sect. 5. The selectmen of the towns of Pembroke, Marshfield, 
Norwell and Scituate shall each appoint annually one or more 
persons to be fish wardens who shall be sworn by the town clerk 
of their respective towns to the faithful performance of their 
duties and whose duty it shall be to enforce all laws in regard to 
fishing and the protection of fish in said North river, and to 
prosecute violations thereof. 

Sect. 6. All fines imposed, and the proceeds of sales of all 
seines, boats and apparatus forfeited by virtue of this act, shall 
be for the benefit of the town or towns whose officer or officers 
make complaint and prosecute by authority hereof. [Approved 
May 23, 1890. 



1890.1 PUBLIC DOCUMENT — No. 25. 69 

J * 



[Chap. 390.] 
An Act providing for tbe better maintenance and enforce- 
ment OF THE FISH AND GAME LAWS AND THE DISTRIBUTION OF 
FISH. 

Be it enacted, etc., as follows : 

Section 1. There shall be allowed and paid out of the treasury 
of the Commonwealth a sum not exceeding fourteen thousand five 
hundred dollars, to be expended under the direction of the com- 
missioners of inland fisheries and game, for the following purposes, 
to wit : — for the purchase of a steamer for the use of said 
commissioners, a sum not exceeding twelve thousand dollars ; for 
the further propagation and distribution of trout, salmon and 
shad, and the establishing and maintenance of hatching houses in 
such places in the Commonwealth as may be deemed necessary, a 
sum not exceeding one thousand dollars ; and for compensation 
of such deputies as may be appointed by said commissioners, a 
sum not exceeding fifteen hundred dollars. 

Sect. 2. Said commissioners are hereby authorized to sell or 
exchange the steamer now owned by the Commonwealth, and used 
by them, and to apply the same or the proceeds thereof to the 
purchase of a steamer as herein provided. 

Sect. 3. All moieties of fines and forfeitures from prosecutions, 
which may accrue to the deputies appointed by said commissioners, 
shall be paid into the treasury of the Commonwealth. 

Sect. 4. This act shall take effect upon its passage. [Approved 
June 5, 1890. 



70 FISH AND GAME. [Dec. 



[H.] 

LIST OF PONDS LEASED 

By the Commissioners on Inland Fisheries, under Authority given 
by Chap. 384, Sect. 9, of the Acts of 1869. 

[During the past year leases of nineteen ponds have expired by limitation. During 
1891 twelve leases expire by limitation.] 

1871. 

April 17. Long Pond, in Falmouth, to Joshua S. Bowerman and three 

others, 20 years. (Expires 1891.) 
May 15. Pratt's Pond, in Upton, to D. W. Batcheller, 20 years, 

(Expires 1891.) 

1872. 

Jan. 1. Sandy Pond, Forest Lake, or Flint's Pond, in Lincoln, to 
James L. Chapin and others, 20 years. 

1874. 

March 2. Upper Naumkeag Pond, in Ashburnham, to inhabitants of 

Ashburnham, 20 years. 
Ma}' 20. Unchechewalora and Massapog Ponds, to the inhabitants of 

Lunenburg, 20 years. 
July 11. Hazard's Pond, in Russell, to N. D. Parks and others, 20 

years. 

1875. 

May 1. Chilmark Pond, in Chilmark, to J. Nickerson and others, 

agents, 20 years. 
July 1. Haggett's Pond, in Andover, to inhabitants of Andover, 20 

years. 
Aug. 1. Oyster Pond, in Edgartown, to J. H. Smith and others, 20 

years. 

1876. 

Feb. 1. Great Sandy Bottom Pond, in Pembroke, to inhabitants of 

Pembroke, 15 years. (Expires 1891.) 
March 1, Dennis Pond, in Yarmouth, to inhabitants of Yarmouth, 15 
years. (Expires 1891.) 
1. Cryital Lake, in Wakefield, to Lyman H. Tasker and others, 
15 years. (Expires 1891.) 
20. Lower Xaumkeag Pond, in Ashburnham, to inhabitants of 

Ashburnham, 18 years. 
28. Dennison Lake, in Winchendon, to inhabitants ofWinchen- 

don, 15 years. (Expires 1891.) 
28. Phillipston Pond, in Phillipston, to inhabitants of Phillipston, 
20 years. 



1890. J PUBLIC DOCUMENT — No. 25. 71 

1876. 

May 8. South-west Pond, in Athol, to Adin H. Smith and others, 15 

years. (Expires 1891.) 
June 10. Dug Pond, in Natick, to W. P. Bigelow and others, 15 

years. (Expires 1891.) 
Oct. 1. Farm and Learned's Pond, in Framingham, to inhabitants of 

Framingham, 15 years. (Expires 1891.) 
1. Whitney's Pond, in Wrentham, to inhabitants of Wrentham, 

15 years. (Expires 1891.) 
1. Little Pond, in Falmouth, to George H. Davis, 15 years. 

(Expires 1891.) 

1877. 

March 1. Nine-mile Pond, in Wilbraham, to inhabitants of Wilbraham, 
15 years. 
15. Pentucket and Rock Ponds, in Georgetown, to inhabitants of 
Georgetown, 15 years. 
Oct. 1. Fort, Great Spectacle and Little Spectacle Ponds, in Lancas- 
ter, to inhabitants of Lancaster, 20 years. 
1. Magog Pond, in Acton and Middleton, to inhabitants of 
Acton, 15 years. 

1878. 

Jan. 1. Sniptuit, Long, Snow and Mary's Ponds, in Rochester, to 

inhabitants of Rochester, 15 years. 
March 16. Asnaconcomic Pond, in Hubbardston, to Amory Jewett, Jr., 

15 years. 
May 1. Bear Hill Pond and Hall Pond, in Harvard, to inhabitants of 

Harvard, 15 years. 
Oct. 1. Ell Pond, in Melrose, to J. A. Barrett and others, 15 years. 

1879. 

July 1. Fresh Pond, in Falmouth, to Thomas H. Lawrence, 20 years. 

Oct. 1. Pomp's Pond, in Andover, to inhabitants of Andover, 15 
years. 

Nov. 1. Lake Quinapowitt, in Wakefield, to inhabitants of Wake- 
field, 14 years. 

1880. 

March 1. Lake Winthrop, in Holliston, to inhabitants of Holliston, 15 

years. 
June 1. Jordan Pond, in Shrewsbury, to inhabitants of Shrewsbury, 

15 years. 
July 1. Swan and Martin's Ponds, in North Reading, to inhabitants 

of North Reading, 15 years. 

1881. 

Jan. 1. Great and Job's Neck Ponds, in Edgartown, to Amos Smith 

and others, 15 years. 
April 1. Long Pond, in Blandford, to Samuel A. Bartholomew and 

another, 15 years. 
May 2. Nonesuch Pond, in Weston and Natick, to W. A. Bullard 

and others, 15 years. 

1883. 

March 1. Blair's Pond, in Blandford, to Curtis M. Blair and another, 15 
years. 



72 FISH AND GAME. [Dec. 

1882. 

April 1. Ward Pond, alias Wightman Pond, in Ashburnham, to Her- 
bert F. Pockwood and another, 15 years. 

May 1. Horn Pond, in Woburn, to inhabitants of Woburn, 15 years. 

June 1. Wickaboag Pond, in West Brookfield, to inhabitants of 
West Brookfield, 15 years. 

1883. 

April 6. Fresh Pond, in Tisbury, to Allen Look and others, 15 years. 

23. Keyes Pond, in Westford, to M. H. A. Evans, 15 years 
May 7. Singletary Pond, in Sutton and Millbury, to towns of Sutton 
and Mill bur\', 15 years. 
7. The Great Pond, in Ashfield, to town of Ashfield, 15 years. 
July 1. LakeBuell,in Monterey and New Marlborough, to town of 
New Marlborough, 10 years. 

1884. 

July 15. Asneybunskeit Pond, in Paxton, to inhabitants of Paxton, 10 

years. 
15. Center Pond, in Dennis, to inhabitants of Becket, 10 years. 
15. Buckmaster Pond, in Dedhain, to Francis Soule and others 

10 years. 
15. Fresh Pond, in Dennis, to inhabitants of Dennis, 10 years. 

17. Farm Pond, in Cottage City, to John C. Hamblin and others 

15 years. 

18. Mashpee, Great and Wakeley Ponds, in Mashpee, to inhabi- 

tants of Mashpee, 10 years. 
Aug. 30. Sand Pond, in Ayer, to inhabitants of Ayer, 15 years. 
Sept. 5. Great Pond, in North Andover, to inhabitants of North 

Andover, 15 years. 



1890.] 



PUBLIC DOCUMENT — No. 25. 



73 



P.] 
EETUENS OF LOBSTER FISHERIES, 



PROPRIETOR. 


TOWN. 


00 


J3 

O 
►J • 

en C 

$.8 

i4 


Epg-bear- 
Lobsters 
■ned to the 
sr alive. 






O 0) 

d 3 


6 « 


o. of 
ing 
ret in 
Wati 






fc 


fc 


fc 


Wm. Rowe, 


Annisquam, 


15 


335 




William Frye, . 




Beverly, . 


53 


2,627 


54 


C. H. Very, . 




" 


95 


11,180 


313 


T. & Wm. Neville, 




" 


35 


3,399 


36 


John Galloway, 




" 


40 


1,464 


18 


Geo. Seeley, 




" 


25 


1,526 


33 


Chas. Foster, . 




" 


40 


2,188 


36 


W. A. Russell,. 




ic 


7 


151 


_ 


Antonio Perry, . 




Boston, 


105 


9,161 


422 


John 0. Lock, . 




" 


162 


6,824 


240 


J. P. Serrilha, . 




« 


265 


14,332 


214 


Antonio Francis, 




« 


155 


24,617 


317 


Graciano Rio, . 




(C 


50 


10,110 


167 


Peter Sylvia, . 




u 


100 


5,030 


20 


Antonio Ferreia, 




" 


100 


18,901 


306 


Andrew Ferry, . 




it 


100 


15,077 


176 


Henry Taylor, . 




Brant Rock, 


32 


3,139 


90 


Thomas Pezzy, 




" " 


90 


3,631 


55 


Isaac Walker, . 




(( K 


50 


5,182 


147 


Lyman Sears, . 




" " 


80 


5,104 


174 


W. H. Tollman, 




t( It 


60 


2,655 


58 


D. B. Blackman, 




it tt 


60 


3,110 


123 


Geo. Sampson, . 




tt tt 


40 


2,123 


179 


B. P Williamson, 




" " 


95 


5,457 


73 


Decenti Gay, . 




" " 


100 


13,713 


379 


Wilfred Keen, . 




" 


70 


6,050 


104 


Henry Phillips, 




tt tt 


120 


5,729 


140 


Oscar Gibbs, . 




Bourne, . 


25 


2,207 


199 


Arthur Gibbs, . 




tt 


40 


611 


64 


Frank Leonard, 




Bournedale, 


40 


2,605 


75 


A. A. Nightingale, . 




" 


30 


991 


11 


Otis El dredge, . 




Barnstable, 


80 


3,277 


_ 


A. B. Robinson, 




Bay View, 


_ 


3,485 


504. 


Wm Sargent, . 




tt tt 


85 


4,905 


172 


Alexander Sargent, . 




(( tt 


100 


12,860 


763 


Wm. Barber, . 




Brewster Isle, . 


50 


2,806 


102 


H. A Jordan, . 




Chiltonville, . 


50 


6,904 


191 


Charles Rogers, 




" 


- 


4,240 


25 


R F. Swift, 




" 


50 


6,777 


182 


Timothy Aiken, 




Cuttyhunk, 


49 


8,794 


763 


John Arnold, . 




" 


60 


8,879 




Mark L. Jamieson, . 






30 


8,759 


531 



74 



FISH AND GAME. 



[Dec. 



Returns of Lobster Fisheries — Continued. 







P. 

03 


o 

hJ • 


La U * 


PROPRIETOR. 


TOWN. 


H 


J** 








•h.'d 










o a> 


oi 


O ipSj' 1 






6 3 


6 w 


6— u> 






£ 


fc 


r A 


Richard Beebe, 


Cuttyhunk, 


30 


2,551 


_ 


David Rogers, . 




" 


40 


2,706 


538 


Joshua Keeney, 




" 


- 


4,747 


- 


Clarence Cleveland, 




Chilmark, 


32 


6,643 


679 


Edward Mayhew, 




a 


15 


862 


20 


Frank Cottle & Son, 




" 


140 


13,868 


1,059 


Hiram Luce, 




" 


42 


6,284 


260 


Willard Mayhew, 




" 


29 


3,544 


347 


Luther Atheron, 




" 


15 


847 


38 


Joseph Till ton, 




" 


15 


3,832 


600 


Lyman E. Cottle, 




" 


25 


6,191 


564 


Frank lyn Tilton, 




" 


14 


1,082 


104 


H. C. Hillinan, 




" 


18 


2,837 


235 


Onslow Stewart, 




" 


18 


6,328 


226 


Hiram O. Poole, 




« 


14 


4,614 


5 


Manuel Vandura, 




Cohasset, . 


50 


4,852 


251 


Michael Maxim, 




" 




79 


1,179 


9 


Warren White, 




" 




36 


2,562 


46 


Antone Salvador, 




" 




70 


11,405 


193 


J. Wilber, 




" 




26 


458 


9 


John Sylvia, 




" 




43 


3,074 


30 


Joseph S. Enos, 




" 




45 


3,596 


68 


Jerry McCarty, 




i; 




44 


623 


69 


Harry H. White, . 




" 




60 


3,312 


139 


A. E. White, . 




" 




65 


9,137 


324 


Levi Cadoza, . 




" 




115 


15,576 


669 


Joseph Vandura, 




" 




75 


7,871 


259 


Robert Ainsley, 




" 




50 


4,433 


86 


Joseph Jason, Jr., 




" 




40 


6,548 


200 


Manual Almas, 




" 




85 


8,344 


262 


E. F. Mayo, . 




Chatham, 




75 


928 


34 


Seth Mallows, . 




It 




35 


209 


10 


Oscar Gould, . 




» 




30 


202 


- 


Edmund Ryder, 




" 




150 


8,531 


947 


W. R. Bloomer, 




(( 




50 


846 


527 


F. Bloomer, 




" 




75 


2,731 


- 


John H. Harding, 




" 




42 


"702 


267 


Francis Hitchings, 




" 




30 


166 


17 


Wilber Patterson, 




" 




25 


118 


- 


Harrison Gould, 




" 




50 


836 


40 


Seymore Patterson, 




" 




84 


2,016 


24 


James Smith, . 




" 




30 


302 


12 


Joseph Bloomer, 




a 




140 


3,002 


1,145 


David P. Clark, 




tt 




30 


1,014 


14 


C. F Eldredge, 




" 




84 


1,278 


69 


J. Eldredge, 




cc 




28 


1,022 


- 


T. H. Kean, . 




" 




22 


676 


3 


Thomas Holway & i 


5011, . 


t< 




60 


3,588 


131 


V. C. Hamilton, 


, . 


" 




70 


3,677 


85 


W. A. Bloomer, 








156 


3,102 


350 



1890.] PUBLIC DOCUMENT — No. 25. 

Beturns of Lobster Fisheries — Continued. 



75 







Pi 

a 


X! 
O 

a> C 


g-bear- 
-obsters 
d to the 
alive. 


PROPR'IETOK. 


TOWN. 


£ . 


OS'S 








o <v 

O 3 




O.Qf 

ing 

retui 

Wati 






£ 


fc 


% 


S W. Gould, . 


Chatham, . 


50 


456 


1 


F. b. Mckerson, 




" 


120 


6,164 


121 


X. F. Bloomer, 




it 


75 


1,729 


168 


Geo. W. Bloomer, 




ce 


90 


3,808 


952 


Reuben Bearse, 




44 


75 


2,182 


420 


He man S. Rogers, 




Dennis, , 


30 


5,344 


- 


Geo. F. Freeman, 




Duxbury, . 


39 


3,447 


104 


W E. Freeman, 




" 


29 


4,562 


47 


James M. Snow, 




" 


55 


8,995 


270 


J. K. Burgess, . 




" 


50 


6,653 


352 


F. E. Phillips, . 




South Duxbury, 


25 


1,735 


- 


Oscar C. Hunt, . 




44 44 


50 


8,512 


82 


C. E. Peterson, 




a 44 


30 


4,981 


72 


Edmund Marsh, 




44 u 


40 


3,150 


87 


Edgar J Smith, 




44 (C 


30 


2,833 


58 


J. H. Peterson, 




t< 44 


20 


1,378 


36 


W. E. Peterson, 




44 44 


35 


5,672 


82 


F. E. Wards worth, 




44 a 


50 


9,277 


233 


E. W. Cook, . 




" " 


30 


2,241 


24 


Isaac Symmes, 




44 a. 


30 


1,790 


14 


Clarence M. Smith, 




44 u 


30 


1,238 


32 


Arthur E. Prior, 




44 44 


10 


205 


5 


W.J. Turner, . 




44 44 


50 


6,944 


164 


A. C. Swain, 




Fairhaven, 


30 


466 


79 


E D. Sherman, 




» 


28 


784 


62 


Freeman Smith, 




Gay Head, 


23 


3,067 


115 


Wm B. Luce, . 




(4 4 




15 


1,140 


130 


L. W. May hew, 




44 4 




35 


8,861 


1,041 


C. C. Look, 




44 4 




14 


2,092 


107 


Anderson Poole, 




44 4 




15 


4,229 


_ 


J. A. Mayhew, . 




44 4 




17 


3,814 


356 


Albert Reed, . 




44 4 




20 


5,599 


45 


John H. Foster, 




44 4 




75 


3,707 


152 


Wm . Mayhew, . 




44 4 




20 


7,017 


942 


Rodney Reed, . 




44 4 




18 


5,721 


519 


C. H. Ryan, . 




44 4 




34 


4,752 


595 


Samuel* Anthony, 




44 4 




12 


799 


222 


Charles Peterson, 




Green Harbor, . 


50 


4,923 


130 


Geo. Delano, . 




44 44 


50 


683 


15 


Alden Parsons, 




Gloucester, 


75 


9,463 


474 


Frederick Parsons, 
C. A Parsons, . 




" 


50 


1,556 


41 




" 


40 


5,841 


246 


A. & H. Parsons, 




" 


75 


10,691 


630 


E. F. Parsons, . 




" 


70 


6,006 


215 


J. W. Pinkham, 




» 


30 


912 


7 


C. W. Osier, . 




44 


170 


4,556 


156 


Melvin Parsons, 




" 


50 


4,917 


495 


Joseph Parsons, 




" 


70 


6,851 


228 


Geo. Sargent, . 




" 


85 


4,417 


673 


Wm. S. Douglass, 




" 


30 


3,919 





76 



FISH AND GAME. 



P> 



ec. 



Returns of . 


Lobster Fisheries - 


— Continued. 




PROPRIETOR. 


TOWN. 




O 

a 

eg « 


Us! 






O o> 
6 3 


6 « 


© tc-2 « 






fc 


to 


to 


Joseph Douglass, 


Gloucester, 


80 


4,415 


_ 


Wm. Walen, . 




75 


6,395 


445 


Frank Peters, . 


Gosnold, . 


55 


8,411 


508 


Frank Veeder, . 








57 


6,160 


704 


Thomas Jones, 








25 


1,762 


122 


Timothy Akin, Jr., . 


; 






50 


4,800 


- 


Oscar H Stetson, 








16 


4,229 


194 


C.C.Allen, . 








23 


3,564 


282 


I. H. Tilton, . 








50 


25,723 


894 


J. W. Tilton, . 


' 






20 


4,385 


444 


Russell Rotch, . 








40 


6,009 


568 


Eugene Brightman, . 


« 






30 


10,627 


1,280 


Wm. W. Allen, 


« 






41 


1,211 


40 


Charles A. Bates, 


Hull, 






60 


992 


56 


Daniel McDonald, . 






100 


7,590 


32 


J. & D. Reed, . 






160 


11,390 


328 


Eben Pope, 






80 


6,540 


194 


Frederick Smith, 






100 


11,240 


45 


J. C. Augustus, 






60 


4,789 


190 


H. W. Mitchell, 






75 


3,640 


91 


Wm. Deane, 






80 


6,957 


112 


John H. Smith, 






80 


4,692 


105 


B. F. Pope, 






80 


11,421 


979 


Andrew Galiano, 






65 


6,256 


610 


Daniel Southers, 






90 


9,090 


207 


G. T. Augustus, 






70 


7,457 


239 


F. S & R. James, Jr., 






100 


4,390 


49 


A. B. Mitchell, . 






80 


11,811 


509 


Andrew F. Pope, 






80 


6,625 


326 


Schr Louisa Jane, . 






300 


16,115 


354 


A. B Cleverly, 






75 


4,789 


33 


Geo. F. Pope, . 






80 


9,140 


466 


H.B.Mitchell,. 






80 


5,280 


107 


Louis Galiano, . 






80 


1,365 


30 


Alfred Galiano, 






80 


6,000 


120 


M. Sturgis, 


Hyannis, 




- 


287 


45 


A L. Lcavitt, . 


Hingham, 




22 


468 


3 


Rust & Grant, . 


Ipswich, 




30 


2,338 


101 


W. B. Atkinson & Bros., 


" 




20 


2,077 


37 


A. W. Montgomery, 


" 




35 


1,110 


36 


James W. Merchant, 


Lanesville, 


20 


2,951 


165 


Adison Woodbury, . 


" 


30 


1,439 


71 


A. W. Ryley, . 


" 


50 


2,347 


102 


G. H Woodbury, . 


" 


35 


6,217 


813 


Elias Haraden, 


" 


30 


1,847 


24 


J J. Woodbury, 


" 


60 


3,375 


47 


John Roberts, . 


" 


43 


1,384 


- 


W. H. Sargent, 


" 


40 


846 


19 


Ezra Haraden, . 


» 


60 


8,946 


286 


C. S. Stone, 


Lynn, 


35 


3,196 


4 



1890 ] PUBLIC DOCUMENT — No. 25. 



77 



Returns of 


Lobster Fisheries 


— Continued. 








03 


J2 
O 


i op « 

■?.a-2 £ 


PROPRIETOR. 


TOWN. 


£ 




W F u 






O a> 


o a! 


O &c2/3 






6 s 


6 >» 


6BZ* 






Szi 


fc 


"A 


Edward Lafreniere, . 


Lynn, 
Manomet, 


40 


2,446 


3 


Wm. Harlow, . 




70 


4,340 


161 


Sam'] Bartlett, . 




" 


45 


1,774 


89 


C. H Dixon, . 




" 


100 


8,970 


347 


Wallace Nightingal 


e, . 


" 


40 


2,599 


79 


J H. Valler, . 




" 


100 


9,667 


355 


Rufus Ellis, . 




" . . 


50 


5,191 


208 


F. B Holmes, . 




" ' . 


53 


5,437 


151 


A. L. Holmes, . 




it 


51 


3,918 


95 


A. C. Sampson, 




a. 


50 


3,606 


127 


Sans Standly, . 




a 


20 


1,801 


74 


W. H. Peterson, 




" 


35 


1,490 


67 


S B. Blackmer, 




" 


35 


3,814 


123 


Walter Chase, . 




" 


36 


3,456 


89 


Henry Dodge, . 




cc 


50 


4,256 


122 


G. W. Tarr, . 




" 


18 


328 


10 


John Adams, . 




Marblehead, . 


70 


7,189 


222 


Tutt & Allen, . 




« 


60 


5,810 


49 


Joseph H. Atkins, 




" 


95 


9,347 


441 


N. Stone, Jr., . 




" 


65 


2,105 


46 


E. A. Keene, . 




it 


47 


3,239 


152 


John Smithers, 




" 


24 


1,231 


_ 


John Florence, 




" 


35 


1,758 


120 


Frank A. Frost, 




« 


33 


2,565 


240 


Stephen Perkins, 




" 


60 


2,502 


169 


John Stacy, 




l( 


63 


5,082 


139 


J. S. Stone, 




" 


42 


5,145 


220 


Charles Smethmest; 




" 


45 


2,225 


76 


B. F. Stevens, . 




(( 


40 


3,792 


118 


Stephen Q Smith, 




" 


40 


1,507 


74 


Sam'l Hooper, 




" 


60 


1,381 


37 


Wm. B Dennis, 




" 


62 


2,093 


42 


Chandler Lewis, 




Manchester, 


27 


1,960 


180 


Lewis Sargent, 




" 


25 


589 


32 


W.E. Heath, . 




» 


23 


666 


49 


Chas Sargent, . 




K 


30 


1,597 


138 


Everett L. Small, . 




" 


45 


2,491 


91 


Frank Story, . 




Magnolia, 


30 


846 


1 


J. B. Knowlton, 




" 


30 


2,024 


169 


David Worth, . 




" 


60 


4,594 


252 


John G. Burnham, . 




" 


40 


7,219 


1,567 


J. J. Nye, 




Mattapoisett, . 


45 


1,196 


179 


W. L. Richmond, 




« 


8 


150 


7 


Walter K. Perry, 




« 


48 


1,016 


351 


Lillyburn Hiller, 




it 


40 


349 


250 


E. BHiller, 




" 


70 


2,423 


337 


Adelbert Winters, . 




" 


30 


260 


35 


F. A. Bowman, 




" 


30 


631 


32 


W. E. Bowman, 




" 


35 


332 


102 


C. H. Place, . 




Nantucket, 


48 


4,115 


38 



78 



FISH AND GAME. 



[Dec. 



Returns of Lobster Fisheries — Continued. 









o 


1 jo CJ 

•a S £ . 


PROPRIETOR. 


TOWN. 


05 

03 

H 


•J ■ 

Si 


Egg- be 

Lobst 

•ned to 

sr alive 






o <D 


o £ 


o tn>5 * 






6 § 


©SO 


6-5 u£ 






to 


* 


% 


Geo. L. Hatch, . 


Nantucket, 


40 


3,694 


Til 


A. B. & C. B. Brooks, . 


« 


50 


2,377 


151 


Wm. Norcross, 


" 


7 


319 


48 


J. F. Ram sd ell, 




" 


11 


592 


5 


John Watkins, . 




" 


16 


588 


21 


Benjamin Atwood, . 




Nantasket, 


76 


6,722 


177 


John Johnson, . 




K 


76 


2,645 


65 


C. E. Gove, 




Nahant, . 


130 


7,746 


108 


C. C. Croscup, . 




" 




30 


547 


- 


Samuel Covell, 




" 




60 


2,900 


hb 


G. W. Taylor, . 




" 




45 


2,645 


111 


C. W. Taylor, . 




" 




40 


3,479 


65 


D. B. Gould, . 




Orleans, 




50 


585 


54 


F. H Hay den, . 




" 




30 


580 


95 


W. G. Loring, . 




Provincetown, . 


60 


749 


149 


W. C. Snow, . 






40 


134 


- 


Alfred Mayo, . 






50 


297 


1 


James V. Bowleg, . 






90 


178 


24 


David Newcomb, 






48 


886 


168 


F. M. Bowley, . 






30 


69 


13 


Geo. Lewis, 






50 


214 


- 


John W. Savage, 






40 


400 


59 


J. A. Rich, 






50 


1,531" 


75 


•Wm. Fears, 




Pigeon Cove, . 


24 


419 


14 


Amos Lufkin, . 




(( u 


36 


4,155 


124 


C. Morgan, 




C< It 


80 


10,365 


1,051 


F. Johnson, 




U LI 


20 


584 


33 


Jabez Kendall, 




" " 


25 


2,535 


147 


Charles Tallman, 




Plymouth, 


68 


2,438 


47 


Joseph P. Thurston, 




u 


50 


5,082 


125 


B. F. Hodgiss, 




" 


30 


2,200 


26 


Levi Thurston, 




" 


56 


4,223 


47 


James Deacon, 




" 


41 


2,653 


36 


A. M. Watson, . 




" 


48 


5,240 


162 


Cornelius Briggs, 




(< 


45 


3,749 


115 


Geo. Atwell, 




c« 


50 


6,073 


118 


Augustus B. Rogers 




" 


48 


5,151 


54 


A. M. Watson, Jr., 




" 


51 


5,958 


220 


Benjamin Manter, 




" 


58 


868 


72 


E. P. Bartlett, . 




" 


44 


3,644 


129 


L. B. Briggs, . 




" 


60 


5,163 


231 


B. F. Simmons, 




" 


25 


902 


- 


W. H. Phinney, 




" 


49 


1,989 


37 


J. F. Bartlett, . 




" 


40 


1,956 


66 


G. F. Bennison, 




" 


40 


3,113 


88 


Geo. Manter, . 




u 


50 


5,281 


167 


Frank Peterson, 




" 


50 


4,303 


198 


Harlow & Chandler 




IC 


150 


13,241 


349 


Oscar Marsh, . 




" 


40 


1,117 


93 


A. R. Gorham, . 






40 


5,213 


244 



1890.] PUBLIC DOCUMENT — No. 25. 



79 



Returns of 


Lobster Fisheries 


— Continued. 










,o 


££■£ 






in 

a. 

03 


►3 . 

«j a 
bo « 




PROPRIETOR. 


TOWN. 


H 


* * 


bc^ o^ 






<**"6 


<*- £ 








O a> 


O M 








fe 


fc 


* 


Sam'l Burgess, 


Plymouth, 


64 


1,256 


166 


Geo W. Holmes, 




" 


28 


3,681 


241 


D W Nightingale, 




" 


60 


3,557 


532 


S J. Valler, . 




" 


52 


4,933 


119 


James H. Bagnell, 




" 


30 


2,941 


9 


H. L. Sampson, 




" 


53 


6,461 


121 


J. B. Walker, . 




" 


- 


2,900 


• 375 


Chas. Pierce, . 




" 


55 


4,189 


•30 


Geo. Griswold, . 




» 


40 


3,500 


111 


Geo. Tarr, 




" 


17 


513 


6 


Edward Lewis & So 


n, . 


Rockport, . 


125 


19,180 


381 


John R Tarr, . 




" 




85 


10,363 


426 


0. D. Griffin, . 




u 




20 


764 


4 


Wm. Knights, . 




" 




25 


355 


23 


Michael Knowlton, 




(( 




12 


135 


7 


Samuel G. Perkins, 




" 




125 


14,074 


244 


S. F. Norwood, 




m 




40 


1,320 


150 


J. Phillips, 




a. 




75 


5,711 


_ 


Wm. Stillman, . 




" 




_ 


3,837 


184 


J. B. Parsons, . 




" 




80 


1,600 


500 


Eddie Wendell, 




" 




80 


4,005 


461 


Wm. Day, 




" 




49 


1.846 


18 


H. G. Tucker, . 




Salem, 




60 


2,200 


24 


H. P. Foye, . 




" 




40 


2,073 


74 


E. C. Lungren, 




" 




23 


4,889 


244 


Chas. Berry, 




ce 




30 


3,585 


109 


John Clark, 




" 




80 


9,883 


327 


H. G. Swift, . 




Sagamore, 


40 


3,622 


423 


Allen A. Flanders, . 




Squibnocket, . 


18 


3,759 


282 


Capt S. Flanders, . 




" 


28 


2,640 


155 


Henry Harding, 




Swampscott, . 


34 


1,755 


- 


Nathaniel Pierce, 




" 


20 


3,199 


27 


Alfred Watts, . 




tc 


55 


4,862 


46 


G. A. R. Horton, 




" 


40 


11,359 


44 


E. E. Smith, . 




" 


30 


2,191 


20 


Walter Jones, . 




" 


43 


1,438 


24 


H.A. Collyer, . 




" 


28 


788 


48 


S &. A. Hammond, . 




u 


44 


10,024 


228 


Richard Rich, . 




" 


18 


362 


2 


Wm Segar, 




" 


30 


2,919 


14 


F. E. Stone, 




" 


60 


9,934 


43 


Josiah Nickerson, . 




« 


20 


1,743 




Lorenzo Woodbury, 




" 


58 


8,684 


120 


Jesse Spooner, . 




Scituate, . 


40 


1,282 


_ 


D. P. Sylvester, 




" 




40 


2,179 


70 


James Doherty, 




" 




70 


3,231 


96 


Patrick Mulkerne, . 




cc 


, t 


54 


1,169 




John Welch, . 




« [ 




40 


4,501 


277 


Robert Oh erne, 




tc 




100 


3,397 


81 


Geo. F. Edson, . 








73 


4,916 


467 



80 



FISH AND GAME. 



[Dec'90. 



Returns of Lobster Fisheries — Concluded. 



PROPRIETOR. 


TOWN. 


D. 


.0 

o 

hJ -. 

art 


X ^~ 






o <u 
d 3 




6-= £? 






y A 


£ 


A 


James Hughes, 


Scituate, . 


45 


2,485 


67 


John Barry, 




" 




50 


1,357 


- 


Elijah P. Pratt, 




" 




60 


6,203 


1,255 


J. F. Cushman, 




it 




50 


4,242 


85 


John Duffy, 




" 




40 


874 


- 


Dan'l Duffy, . 




" 




60 


2,792 


57 


C. B Pratt, 




" 




100 


2,964 


310 


Wm. Supple, . 




" 




62 


2,664 


98 


Daniel Ward, . 




a 




75 


4,040 


- 


Wm Ward, . 




" 




91 


5,040 


113 


Thomas Dwyer, 




" 




120 


9,450 


- 


Wm. Duffy, . 




" 




40 


462 


- 


John Fallone, . 




" 




65 


1,002 


- 


Edward Graham, 




u 




45 


1,329 


- 


C. Collins, 




Truro, 




22 


111 


19 


F. S. Long, 




VineyardHaven 


25 


1,200 


30 


Marshal Norton, 




t« a 


30 


3,744 


244 


W. M. Randall, 




" " 


6 


192 


- 


T. S Long, 




11 cc 


- 


1,200 


300 


John Belcher, . 




Winthrop, 


16 


78 


- 


John Wards worth, 




Li. 


80 


7,619 


80 


Treworgy Brothers, 




" 


130 


13,263 


1,123 


W. E. Wyman, . 




" 


160 


18,440 


471 


G. W. Wyman, 




" 


40 


1,951 


36 


John Stevenson, 




IC 


60 


2,180 


23 


John Flanagan, 




" 


50 


4,159 


202 


Alva Belcher, . 




" 


100 


12,671 


180 


S. B. Belcher, . 




It 


15 


1,550 


68 


J. B. Wyman, . 




" 


60 


9,037 


- 


G. A. Gifford, . 




Westport, 


70 


9,830 


1,369 


E. B. Gifford, . 




" 


60 


9,117 


937 


H. F. Hitt, 




" 


25 


1,083 


98 


T. J. Brightman, 




" 


35 


2,041 


300 


J. W. Manchester, 




" 


3 


187 


5 


T. B. Pierce, . 




" 


38 


815 


45 


0. C. Grinnell,. 




Wood's Holl, . 


50 


4,030 


418 


Henry Hinckley, 




Wellfleet, 


25 


80 


- 


Total men, 379, 


• 


• 


• 


19,554 


1,612,129 


70,909 



Comparison of Returns of Lobster Fisheries. 











No. of Egg-bear- 




No. of 


No. of 


No. of Large 


ing Lobsters 


YEAR. 


Men. 


Traps. 


Lobsters. 


returned to the 
Water alive. 


1889, 


344 


20,016 


1,359,645 


61,832 


1890, 


379 


19,554 


1,612,129 


70,909 


Increase of 1890 over 1889, . 


35 


- 


252,484 


9,067 


Decrease of 1890 below 1889, . 


- 


462 


- 


- 



[APPENDIX K.] 

TABLES SHOWING RETURNS OF POUNDS, 

WEIRS, GILL AND SWEEP NETS. 



82 



FISH AND GAME. 



[Dec. 



PL] 

Table I. — Gill and Sweep Nets. — Showing 













M 




00 
CO 




<s 










w 


O 


a 






3 


PROPRIETOR. 


TOWN. 


= 
o 
E 


T5 


% 




1 


a, 


& 


CS 

■2 








a 


9) 


S 


"■S 


o 









W 


m 


<i 


m 


§ 


w. 


m 


m 


James D. Kelley, 


Barnstable, 




22 




855 


_ 


_ 


21 


4 


C. E. Bearee, 


" 


- 


_ 


- 


_ 


- 


- 


- 


- 


Moses Sturgiss, . 


" 


_ 


_ 


_ 


_ 


_ 


- 


- 


18 


David B. Shove, . 


Berkley, . 


_ 


700 


120,000 


_ 


- 


- 


- 


- 


J. W. Thrasher, . 


" 




- 


232 


102,350 


- 


- 


- 


- 


- 


C. N. Simmons, . 


<< 




- 


546 


80,133 


- 


- 


- 


- 


- 


Neil Nelson, 


Brewster, 




_ 


400 


_ 


_ 


- 


9 


- 


- 


Elmer F. Mayo & Bros., . 


Chatham, 




_ 


- 


- 


- 


- 


- 


- 


- 


Collins Howes, . 


<< 




- 


- 


- 


- 


- 


- 


- 


- 


C. C. Nickerson, . 


" 




_ 


_ 


_ 


_ 


_ 


- 


- 


- 


J. A.Crowell, 


" 




_ 


- 


_ 


- 


h - 


- 


- 


- 


Geo. E. Small, . 


" 




_ 


_ 


_ 


- 


- 


- 


- 


- 


Cyrenus Ellis, 


" 




_ 


_ 


_ 


_ 


- 


~ 


- 




E. S. Gould, 


" 




_ 


_ 


_ 


_ 


- 


- 


- 


- 


John S. Ryder, . 


<< 




_ 


14 


191 


31 


36 


2 


26 


1 


B. F. Patterson, . 


" 




_ 


22 


_ 


_ 


- 


- 


- 


- 


Otis C. Eldredge, 


" 




_ 


_ 


_ 


_ 


_ 


- 


- 


- 


H. F. Gould, 


«« 




_ 


_ 


_ 


_ 


_ 


_ 


- 


3 


A. Z. Atkins, 


'< 




_ 


_ 


_ 


_ 


_ 


169 


- 


- 


E.Z.Ryder, 


«' 




_ 


_ 


_ 


- 


- 


- 


- 


- 


Calviu Hammond, 


" 




_ 


266 


- 


- 


- 


- 


- 


6 


S. W. Mallows, . 


" 




_ 


_ 


- 


- 


- 


- 


- 


- 


Wm. A. Bloomer, 


(i 




_ 


_ 


_ 


- 


- 


- 


- 




F. C. Hitchins, . 


«< 




i _ 


_ 


_ 


_ 


- 


- 


- 




Jeremiah Eldredge, . 


<< 




_ 


_ 


_ 


- 


- 


- 


- 




T. H. Gill, .... 


" 




_ 


_ 


_ 


_ 


- 


- 


- 




V. C. Hamilton, . 


<« 




_ 


_ 


_ 


_ 


- 


- 


- 




N. F. Bloomer, . 


" 




_ 


_ 


_ 


_ 


_ 


- 


- 


- 


D. P. Clark, 


" 




_ 


_ 


_ 


- 


566 


- 


- 


13 


Francisco Bloomer, . 


" 




_ 


_ 


- 


- 


- 


- 


- 




Geo. W. Bloomer, 


" 




_ 


_ 


- 


- 


- 


- 


- 


- 


Robert Ainsley, . 


Cohasset, 




_ 


_ 


- 


70 


- 


- 


- 


- 


Joseph Jason, Jr., 


" 




- 


- 


- 


- 


- 


- 


- 


- 


A. E. White, 


" 




_ 


- 


- 


- 


6,075 


- 


- 


- 


Levi Cadoze, 


" 




_ 


_ 


_ 


_ 


- 


- 


- 


- 


Antone Sydney, . 


" 




- 


- 


- 


- 


1,995 


- 


- 


- 


John Sylva, .... 


" 




- 




- 


- 


- 


- 


- 


- 


C E. Bearse, 


Centerville, 


_ 


_ 


_ 


_ 


- 


- 


- 


25 


W. W. Hallett, . 


«< 


_ 


_ 


_ 


- 


- 


- 


- 


- 


S. H. Crawford, . 


" 


_ 


24 


_ 


- 


- 


- 


1,347 


4 


W. B. Nickerson, 


Cotuit, 


_ 


_ 


_ 


_ 


500 


40 


- 


- 


H. M. Smith, 


Chilmark, . 


_ 


_ 


5,112 


- 


- 


- 


- 


- 


C. N. Simmons, . 


Dighton, . 


- 


800 


150,000 


- 


- 


- 


- 


- 


J. A. Hardy, 


" 


- 


614 


96,926 


- 


- 


- 


- 


- 


G. G Snow, 


Dennisport, 


- 


- 


3,019 


- 


- 


- 


- 


18 


Sylvanus Wickson, 


" 


- 


- 


- 


- 


- 


- 


- 


- 


Joshua Pierce, 


" 


- 


- 


- 


- 


- 


- 


- 


- 


Nehemiah Edwards, . 


" 


_ 


_ 


- 


- 


- 


- 


- 


- 


J. H. Long, .... 


«« 


- 


_ 


- 


- 


- 


- 


- 


- 


H. K. Knowles, . 


Eastham, . 


- 


- 


- 


- 


- 


- 


- 


- 


James Penniman, 


" 


_ 


_ 


- 


- 


— 


- 


- 


- 


H. W. Allen, 


Fairhaven, 


_ 


_ 


_ 


- 


.4,077 


- 


21 


279 a 

67 5 


G. R. Wickson, . 


<< 


_ 


_ 


141 


- 


3,361 


- 


20 


Albert Swain, 


«« 


_ 


_ 


- 


_ 


- 


- 


13 


- 


Daniel W. Dean, 


" 


_ 


_ 


- 


- 


13,700 


85 


- 


121 


John T. Besse, . 


" 


_ 


_ 


- 


- 


- 


- 


57 


- 


G. L. Hiller, 


<« 


_ 


_ 


_ 


_ 


_ 


- 


14 


62 


C.E.Allen, 


" 


_ 


_ 


_ 


_ 


7,256 


- 


- 


43 


H. N. Wilber, . 


• « 


_ 


_ 


_ 


- 


12 


- 


6 


31 


D. C. Potter, 


" 


_ 


- 


- 


- 


- 


- 


- 


13 


Daniel Douglass & Hodg- 




















kins, .... 


Gloucester, 


- 


8 


455 


3,064 


56 


1 


- 


- 


John Davis, .... 




- 


- 


~ 


. 18,245 


— 


" 







1890.] 



PUBLIC DOCUMENT — No. 25. 



83 



the Catch of Each during the Tear 1890. 

















^ 




_; 






fii 






Sa 
















CD 




CD 






CO 






J2 CO' 




cc 

a 


to 
to 

eS 
M 
c3 


CD 

CD 


CC 

p 


73 


6 

'3 


CD 

o 

CD o3 


"3 
U 

JA 
o 


CD 


,4 

CO 

cd 


o 


CO tfl 

C « 
3^3 




12 


o rn 






cd 






O 


o 


O 




& 




c3 




« 


o 1 






M 


GO 


PQ 


£ 


Q 


PQ 


w 


3 


w 


3 


H 


5 « 


H 


m 


O S 


i 


_ 


161 


363 


_ 


_ 


11 


2 


. 




4,037 






_ 




_ 




- 


- 


- 


- 


- 


- 


- 


- 


- 


1,284 


- 


- 


- 


- 


- 




- 


- 


- 


: 


- 


~ 


- 


: 


- 


4,867 


- 


~ 


: 


- 


: 




- 


: 


2,000 


: 


- 


4 


4 


600 


- 


13,108 


300 


350 


600 


- 


3 




- 


- 


- 


- 


- 


- 


- 


3,705 


- 


2,896 


- 


- 


- 


- 


- 




- 


- 


_ 


- 


- 


_ 


_ 


272 


- 


_ 


_ 


_ 


_ 


_ 


- 




- 


- 


- 


~ 


- 


_ 


- 


643 


- 


771 


- 


_ 


_ 


_ 


- 




- 


- 


- 


- 


- 


_ 


_ 


106 


- 


208 


_ 


_ 


_ 


_ 


- 




- 


- 


- 


~ 


- 


_ 


_ 


188 


_ 


136 


_ 


_ 


_ 


_ 


_ 




- 


- 


- 


- 


- 


5 


7 


399 


- 


615 


_ 


_ 


_ 


- 


- 




- 


- 


_ 


~ 


_ 


_ 


_ 


_ 


_ 


647 


_ 


_ 


_ 


_ 


_ 




5 


- 


314 


~ 


2 


_ 


_ 


863 


4 




_ 


_ 


_ 


_ 


- 




- 


- 


- 


~ 


7 


_ 


- 


574 


- 


985 


_ 


_ 


_ 


_ 


- 




- 


- 


- 


- 


1,152 


- 


- 


598 


- 


707 


_ 


_ 


_ 


_ 


- 




- 


- 


- 


- 


- 


- 


- 


- 


13 


598 


- 


- 


- 


- 


- 




- 


- 


- 


- 


- 


- 


- 


- 


- 


1,322 


- 


- 


- 


- 


- 




.- 


- 


- 


- 


- 


- 


- 


2,972 


3 


8,448 


- 


- 


- 


- 


- 




- 


- 


- 


- 


13 


8 


- 


2,570 


- 


690 


- 


1,775 


- 


- 


- 




- 


- 


- 


- 


- 


- 


_ 


253 


- 


998 


_ 


_ 


_ 


_ 






- 


- 


- 


- 


- 


_ 


_ 


724 


_ 


1,701 


_ 


_ 


_ 


_ 






- 


- 


- 


- 


- 


- 


_ 


579 


- 


597 


_ 


_ 


_ 


_ 






- 


- 


- 


- 


- 


182 


- 


1,485 


13 


509 


- 


- 


- 


- 


- 




— 


— 


— 


— 


— 


— 


— 


20 


— 


— 


_ 


_ 


_ 


_ 


— 




- 


- 


- 


- 


1,855 


- 


- 


328 


30 


502 


_ 


- 


_ 


- 


- 




- 


- 


- 


- 


- 


- 


- 


1,546 


- 


350 


- 


_ 


- 


- 


- 




- 


- 


127 


~ 


15 


- 


_ 


986 


3 


548 


_ 


_ 


_ 


_ 


_ 




- 


- 


- 


- 


- 


- 


- 


2,996 


_ 


672 


_ 


_ 


_ 


_ 


- 




- 


- 


- 


- 


1,300 


- 


- 


43 


1,341 


- 


- 


- 


- 


- 


- 




— 


— 


— 


— 


— 


— 


— 


375 


_ 


_ 


_ 


_ 


_ 


_ 


- 




- 


- 


- 


- 


57 


- 


_ 


_ 


_ 


_ 


_ 


39 


_ 


_ 


_ 




- 


- 


- 


~ 


- 


_ 


_ 


288 


_ 


_ 


_ 


_ 


_ 


_ 


_ 




- 


- 


- 


107 


- 


- 


- 


151 


_ 


_ 


102 


_ 


_ 


_ 


- 




- 


- 


- 


- 


341 


- 


- 


- 


- 


- 


175 


117 


150 


_ 


- 




- 


- 


- 


- 


- 


- 


- 


39 


- 


- 


39 


_ 


_ 


_ 


- 




- 


- 


- 


- 


- 


- 


- 


- 


43 


2.600 


- 


- 


_ 


- 


- 




- 


- 


- 


- 


- 


- 


- 


- 


- 


6,616 


- 


_ 


_ 


- 


- 




6 


158 


280 


- 


- 


40 


- 


1 


5 


431 


_ 


_ 


_ 


_ 


_ 




- 


- 


- 


- 


- 


- 


- 


- 


- 


818 


- 


- 


- 


- - 


- 




- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 




- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 




- 


— 


- 


— 


- 


— 


_ 


_ 


_ 


_ 


_ 


_ 


_ 


_ 


_ 




- 


- 


- 


- 


4,413 


- 


- 


2,943 


- 


2,813 


- 


_ 


_ 


_ 


- 




- 


- 


- 


- 


813 


- 


- 


- 


- 


8,589 


- 


- 


- 


- 


- 




- 


- 


- 


- 


- 


- 


- 


- 


- 


2,251 


- 


- 


- 


- 


- 




- 


- 


- 


- 


- 


- 


- 


- 


- 


830 


_ 


_ 


_ 


_ 


_ 




- 


- 


- 


- 


- 


- 


- 


- 


_ 


562 


_ 


_ 


_ 


_ 


_ 




- 


- 


- 


- 


- 


- 


- 


43 


- 


3,817 


25 


_ 


_ 


_ 


- 




- 


- 


- 


- 


- 


- 


- 


14 


- 


4,340 


_ 


_ 


_ 


_ 


- 


) 


- 


- 


2 


- 


- 


1 


- 


- 


2 


722 


65 


4 


_ 


_ 


- 


- 


- 


100 


- 


- 


- 


- 


19 


6 


188 


7 


1 


_ 


_ 


_ 




- 


- 


- 


- 


- 


- 


- 


- 


_ 


547 


_ 


_ 


_ 


_ 


_ 




- 


- 


- 


- 


- 


- 


- 


- 


8 


1,024 


_ 


1 


_ 


_ 


- 




- 


- 


- 


- 


- 


- 


- 


- 


- 


1,205 


- 


- 


- 


- 


- 




- 


- 


- 


- 


- 


6 


- 


- 


1 


480 


3 


1 


_ 


_ 


_ 




- 


- 


60 


- 


- 


2 


- 


- 


1 


2,548 


10 


- 


_ 


- 


- 




™ 


- 


- 


- 


- 


- 


- 


- 


- 


63 


- 


- 


- 


- 


- 




~ 


- 


- 


- 


- 


- 


- 


- 


- 


92 


- 


- 


- 


- 


- 




- 


- 


870 


_ 


5 


2 


_ 


21,761 


_ 


118 


_ 


_ 


32 


_ 


_ 








16 




570 


" 


"" 


231 


~ 


~ 


~ 


~ 


~ 


~ 


- 



84 



FISH AND GAME. 

Table I. — Continued. 



[Dec. 
















U> 




m 
to 




a 










<£ 


c 


a 

0J 


a! 




s 

t>0 


PROPRIETOR. 


TOWN". 


□ 
o 

a 




CO 


w 


IS 

a 

a 


O 
ft 


p 


© 

3 








A 




a> 






o 


a* 






QQ 


m 


< 


m 


S 


W 


02 


GO 


D. N. Mehlman, . 


Gloucester, 








48,289 






_ 


_ 


Avery Bates, 


" 


_ 


_ 


_ 


9,600 


1,200 


- 


- 


- 


Orrin C. Crosby, . 


Hyannis, . 


- 


- 


_ 


- 


1 


2 


173 


214 


F. B. Sherman, . 


« 


_ 


_ 


_ 


_ 


- 


_ 


- 


- 


E. Taylor 


<< 


_ 


_ 


_ 


_ 


_ 


_ 


_ 


5 


W. J. Tuttle, 


Harwich, . 


_ 


_ 


_ 


_ 


_ 


_ 


- 


3 


So. Hadley Falls Fish Co., 


South Hadley, . 


- 


5S 


- 


- 


- 


- 


- 


- 


C. F. Stranger, . 


Kingston, . 


- 


- 


_ 


- 


- 


- 


- 


- 


J. Woodbury, 


Lanesville, 


_ 


- 


_ 


9,941 


13,106 


- 


- 


- 


J. W. Roberts, . 


" 


_ 


_ 


_ 


2,331 


- 


- 


- 


- 


Bartlett Morgan, . 


" 


- 


_ 


_ 


17,871 


1,842 


- 


- 


- 


Wm. Sanders, 


" 


_ 


_ 


_ 


_ 


3,861 


- 


- 


- 


Albert Morgan, . 


" 


- 


- 


- 


10,050 


825 


- 


- 


- 


Joseph Sanders, . 


" 


_ 


_ 


_ 


- 


- 


- 


- 


- 


Martin Laning, . 


" 


_ 


_ 


_ 


5,600 


200 


- 


- 


- 


Geo. Harding, 


" 


_ 


_ 


_ 


460 


370 


- 


- 


- 


Ezra Haraden, . 


«' 


- 


- 


- 


10,060 


- 


- 


- 


- 


Geo. W. Douglass, 


Marblehead, 


1 


125 


85 


2,170 


32,800 


- 


- 


- 


B. F. Stevens, . 


" 


_ 


_ 


_ 


- 


- 


- 


- 


- 


Raymond Glass, . 


" 


_ 


_ 


9,200 


_ 


_ 


_ 


- 


- 


Stephen Perkins, 


" 


- 


- 


- 


7,204 


- 


- 


- 


- 


Randall Hathaway, . 


Middleborough, 


- 


- 


74,749 


- 


- 


- 


- 


- 


A. N. Shurtleff, . 


Mattapoisett, 


- 


- 


275,980 


- 


- 


- 


- 


- 


F. B. Holmes, . 


Manomet, . 


- 


- 


- 


- 


- 


- 


- 


- 


Cornelius Briggs, 


" 


_ 


- 


_ 


_ 


76 


- 


- 


- 


F. A. Tarr 


Magnolia, . 


- 


- 


- 


70,400 


12,300 


- 


- 


- 


Jones & West, . 


Manchester, 


- 


- 


_ 


52,450 


24,010 


- 


- 


- 


E. B. Cross, .... 


Medford, . 


_ 


_ 


8,200 


_ 


- 


- 


- 


- 


Henry Cotton, 


" 


- 


- 


201,100 


- 


- 


- 


- 


- 


J. A. Cross, 


" 


_ 


- 


173,169 


- 


- 


- 


- 


54 


Warren F. Ramsdell, . 


Nantucket, 


_ 


_ 


_ 


- 


10,080 


- 


- 


- 


Geo. Huxford, . 


" 


- 


- 


- 


- 


- 


- 


- 


- 


J. 0. Freeman, . 


" 


- 


- 


- 


- 


- 


- 


- 


- 


Frank Meigs, 


«« 


_ 


_ 


_ 


_ 


- 


- 


. - 


- 


E. M. Dunham, . 


<< 


_ 


_ 


_ 


_ 


_ 


- 


- 


- 


H. B. Cash', .... 


" 


- 


51 


2 


36 


3,478 


2 


4 


1 


Geo. E. Orpin, . ... 


" 


- 


- 


- 


- 


- 


- 


- 


- 


G. H. Hamlin, . 


" 


_ 


- 


_ 


- 


- 


- 


- 


- 


W. I. Fisher, 


<< 


_ 


_ 


_ 


_ 


_ 


- 


70 


16 


Geo. Hamlin, 


" 


_ 


_ 


_ 


_ 


_ 


- 


- 


- 


A. B. & E. Brooks, . 


«« 


_ 


_ 


_ 


_ 


_ 


_ 


- 


- 


James Kiernan, . 


<< 


_ 


_ 


_ 


10 


20 


- 


- 


- 


W. J. Francis, 


" 


_ 


_ 


_ 


_ 


_ 


- 


- 


- 


John Watkins, . 


<< 


_ 


_ 


_ 


_ 


100 


- 


47 


- 


Leandcr Small, . 


" 


_ 


_ 


_ 


_ 


_ 


- 


- 


- 


A. C. Manter, 


«< 


_ 


_ 


_ 


_ 


- 


_ 


- 


72 


W. N. Adams, . 


" 


_ 


_ 


_ 


_ 


_ 


_ 


- 


- 


Nester Tlmrlow, 


Newburyport, . 


- 


- 


- 


- 


1,555,200 


- 


- 


- 


P. C. Stevens, . 


• 


- 


- 


- 


- 


1,500,830 


- 


- 


- 


C. A. Caswell, . 




_ 


_ 


57,000 


116,700 


33,800 


- 


- 


- 


L. Phinney, .... 


" 


_ 


_ 


_ 


188,182 


6S8,930 


- 


- 


- 


Richard Pierce, . 




_ 


_ 


755 


_ 


1,600 


_ 


- 


- 


A. A. Pike, .... 




_ 


_ 


_ 


57,600 


_ 


_ 


- 


- 


J.J. Pool, .... 


Pigeon Cove, . 


_ 


18 


1,500 


1,495 


203 


- 


- 


- 


J. Bushey, .... 






_ 


- 


- 


- 


- 


- 


- 


- 


John Elwell, 






_ 


_ 


200 


- 


- 


- 


- 


- 


Martin Currier, . 






_ 


26 


- 


6,676 


- 


- 


- 


- 


Ervin Parsons, . 






- 


- 


85 


909 


- 


- 


- 


- 


John Newman, . 






_ 


256 


430 


6,932 


1,048 


- 


- 


- 


Calvin Parsons, . 






_ 


_ 


_ 


2,763 


- 


- 


- 


- 


Andrew Morgan, 






_ 


_ 


_ 


4,460 


j 


- 


- 




James G. Frost, . 






_ 


63 


360 


1,683 


806 


- 


- 


_ 


Joseph Brown, . 






- 


- 


- 


75 


40 


- 


- 


- 


Wm. Harlow, 


Plymouth, 


_ 


- 


- 


- 


- 


- 


- 


- 


Joseph Sears, 


Provincetown, . 


- 


- 


136 


5,728 


- 


- 


- 


- 


J. A. Rich 


" 


_ 


_ 


_ 


_ 


_ 


- 


- 


- 


J. H. Fuller, 


" 


_ 


_ 


_ 


_ 


_ 


- 


- 


_ 


J. W. Eaton, 


»< 


_ 


_ 


_ 


500 


_ 


_ 


- 


_ 


J. K. Corea, 


" 


- 


- 


- 


- 


- 


- 


- 


- 


Isaac Tyler, 


" 


- 


- 


- 


- 


- 


- 


- 


- 


C. Williams, Jr., 


. 


- 


_ 


_ 


_ 


- 


- 


- 


- 


B. R. Kelley, 


" 


" 


- 


- 


- 


- 


- 


- 


- 





PUBLIC DOCUMENT — No. 25. 
Table I. — Continued. 



85 



















j 






A 






2a 














P 




P 






0D 






•° .2 


m 

□ 


m 
m 
a 
M 
cs 




GO 
O 


O 


d 

"2 

o 


9 

u 


P 
a 

O 


S 

5 3 

a. 


3 


ti 
o 

p 

a 


£'5 
2, a 


to 


s 

'5 

c 1 


Ha 

H eS 


s 


W. 


n 


fi 


O 


M 


w 


3 


w. 


5 


H 


h* 


H 


GQ 


o 3 


_ 


t 


_ 


_ 


_ 


_ 


_ 


1,471 




_ 


_ 


_ 


_ 


_ 


_ 


- 


- 


_ 


_ 


— 


- 


- 


1,800 


— 


- 


- 


- 


- 


- 


- 


_ 


8 


- 


~ 


- 


- 


- 


- 


- 


6,834 
26 


14 


26 


- 


: 


- 


5 


: 


- 


- 


368 


10 


- 


1,898 


1 


408 
1,590 


- 


~ 


~ 


~ 


- 


- 


_ 


_ 


_ 


_ 


_ 


_ 


_ 


_ 


_ 


_ 


_ 


2,000 


_ 


_ 


- 


- 


14,626 


- 


— 


~ 


— 


571 

168 
447 

479 


: 


5 


5 


1 


: 


: 


- 


- 


- 


- 


" 


- 


840 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


" 


- 


- 


- 


595 

900 

1,142 

343 

18,902 


- 


- 


- 


- 


- 


- 


- 




: 


- 


~ 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


_ 


_ 


3,878 


_ 


25 


_ 


2 


_ 


20 


1 


_ 


_ 


2,920 


968 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


2,706 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


900 


- 


- 


- 


- 


- 


- 


- 


- 


: 


: 


" 


- 


= 


- 


242 


- 


- 


" 


^ 


: 


: 


1,190 


- 


~ 


- 


_ 


_ 


_ 


_ 


275 


_ 


_ 


- 


_ 


_ 


- 


_ 


- 


- 


2,308 


55 


985 


- 


_ 


6,658 


_ 


_ 


- 


- 


_ 


- 


- 


- 


: 


2,710 


- 


~ 


- 


- 


18,107 


- 


701 


~ 


- 


- 


- 


3,658 

219 

9,000 


_ 


- 


- 


- 


- 


45 


- 


- 


- 


2,263 


- 


- 


- 


46 


— 


— 


— 


— 


— 


— 


— 


— 


_ 


751 


— 


— 


_ 


— 


— 


- 


- 


- 


- 


- 


- 


- 


- 


_ 


2,699 


- 


- 


- 


- 


_ 


- 


- 


- 


- 


- 


- 


- 


- 


- 


2,606 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


66 


- 


2,373 


- 


- 


- 


- 


- 


- 


- 


288 


- 


28 


2 


- 


109 


~ 


7 


1 


1 


- 


2 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


3,354 


- 


- 


- 


- 


- 


- 


- 


- 


_ 


- 


— 


- 


— 


— 


322 


— 


— 


— 


- 


- 


- 


- 


60 


- 


- 


41 


- 


- 


- 


5,469 


- 


- 


7 


- 


- 


— 


3 


- 


_ 


- 


- 


— 


_ 


_ 


169 


_ 


— 


— 


— 


_ 


- 


- 


_ 


_ 


_ 


_ 


_ 


_ 


_ 


2,590 


_ 


_ 


_ 


_ 


_ 


- 


- 


5 


_ 


_ 


3 


_ 


58 


i 


10 


1 


_ 


_ 


_ 


_ 


- 


- 


- 


_ 


- 


- 


- 


- 


_ 


1,231 


- 


- 


- 


- 


- 


- 


- 


- 


_ 


- 


2 


- 


- 


_ 


106 


- 


- 


- 


4 


- 


- 


- 


- 


- 


- 


- 


- 


- 


~ 


1,749 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


41 


- 


- 


- 


37,800 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


4 


- 


- 


- 


3,196 


- 


- 


- 


10 


- 


- 


- 


- 


- 


- 


- 


- 


13,126 


- 


200 


- 


- 


- 


- 


- 


- 


^ 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


53,850 


^ 


- 


- 


- 


277 


_ 


_ 


_ 


_ 


_ 


_ 


_ 


_ 


188 


11,630 


_ 


57,000 


- 


- 


- 


- 


- 


- 


_ 


490 


_ 


_ 


- 


_ 


- 


- 


2,000 


- 


- 


- 


- 


- 


- 


- 


1,384 


- 


- 


- 


- 


- 


211 


_ 


~ 


- 


- 


- 


- 


- 


- 


3,105 

29 

5,090 


- 


- 


- 


- 


- 


- 


- 


- 


- 


_ 


_ 


_ 


_ 


1 


_ 


1 


_ 


_ 


_ 


_ 


_ 


- 


- 


496 


- 


- 


- 


- 


193 


- 


12 


.-- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


399 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


286 


- 


- 


- 


- 


- 


- 


- 




_ 


79 


: 


_ 


_ 


I 


4,161 


_ 


_ 


z 


13 


_ 


238 


z 


- 


- 


120 


- 


- 


- 


- 


6,030 


- 


- 


- 


- 


- 


- 


- 


— 


— 


— 


— 


— 


— 


— 


228 


— 


— 


— 


— 


— 


- 


_ 


- 


- 


75,000 


- 


- 


- 


- 


3,972 


- 


2,781 


- 


- 


- 


- 


_ 


— 


— 


_ 


_ 


_ 


_ 


_ 


160 


_ 


_ 


_ 


_ 


_ 


_ 


_ 


- 


- 


- 


_ 


_ 


_ 


_ 


1,598 


_ 


447 


_ 


_ 


_ 


_ 


_ 


- 


- 


151 


_ 


- 


_ 


_ 


818 


_ 


474 


_ 


_ 


- 


_ 


~ 


- 


- 


- 


- 


5,000 


- 


- 


1,000 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


951 


- 


- 


- 


- 


2,817 


- 


- 


- 


- 


- 


— 


- 


— 


_ 


_ 


_ 


_ 


144 


_ 


_ 


_ 


_ 


_ 


_ 


„ 




" 


~ 


~ 


1,230 


~ 


- 


44 


~ 


- 


- 


" 


- 


- 


- 



86 



FISH AND GAME. 

Table I. — Concluded. 



[Dec. 













bo 

a 


a 


m 
m 














s 


S-i 


<p 


n 




bfl 


PROPRIETOR. 


TOWN". 


a 

z 

g 


-a 


% 








EU 


eS 

0) 








a 


a> 


08 






P 


5 






"a 


A 




<u 






o 


a" 






QQ 


m 


< 


m 


S 


m 


m 


02 


James Atkins, 


Provincetown, . 


_ 




_ 




_ 








Jesse Wiley, 




" 


- 


- 


- 


- 


- 


- 


- 


- 


K. Freeman, 




" 


- 


- 


- 


130 


100 


- 


- 


_ 


Ruben Mayo, 




" 


- 


- 


- 


- 


- 


- 


- 


- 


John <;. Weeks, Jr., . 




" 


- 


- 


- 


- 


- 


- 


- 


- 


A. S. Daggett, . 




" 


- 


- 


- 


- 


- 


- 


- 


- 


W. M. Elwell, . 




" 


- 


- 


- 


- 


- 


- 


- 


- 


J. J. Cook, . 




" 


- 


- 


_ 


- 


1,700 


- 


- 


_ 


Solomon Rich, . 




" 


- 


- 


- 


185,700 


- 


- 


- 


_ 


Elisha Nickerson, 




" 


- 


- 


- 


- 


- 


- 


- 


_ 


Joseph E. Weeks, 




" 


- 


- 


- 


- 


- 


- 


- 


- 


Isaac W. Lewis, . 




" 


- 


- 


- 


- 


- 


- 


- 


- 


H. L. Mayo, 




" 


- 


- 


- 


- 


- 


2 


- 


- 


Geo. H. Lewis, . 




" 


- 


- 


- 


- 


- 


- 


- 


_ 


E. W. Smith, 




(< 


- 


- 


_ 


400 


3,000 


1,566 


- 


_ 


Geo. Lewis, 




" 


- 


- 


- 


- 


- 


- 


- 


_ 


J. J. Look, . 




«' 


- 


_ 


- 


- 


355 


- 


_ 


_ 


Ruben Ryder, 




" 


- 


- 


- 


- 


2,225 


- 


- 


- 


Jesse Ghen, 




" 


- 


- 


- 


- 


- 


- 


- 


- 


J. P. C. Harvender, 




" 


- 


- 


- 


12,956 


46 


- 


- 


_ 


Levi B Kelley, . 




" 


- 


- 


- 


- 


- 


- 


- 


- 


John M. Koser, . , 




" 


- 


- 


- 


- 


- 


- 


- 


- 


M.S. Browne, 




" 


- 


- 


- 


- 


- 


- 


- 


_ 


Gustavus King, . 




Raynham, 


- 


553 


86,890 


- 


-. 


- 


- 


_ 


G. B. & E. Williams, 




" 


- 


896 


104,850 


- 


- 


- 


- 


_ 


Geo. Wendell, . 




Rockport, . 


- 


- 


- 


11,700 


960 


- 


- 


- 


Chester W. Gott, 




" 


- 


- 


- 


4,950 


- 


- 


- 


- 


Christian Anderson, 




" 


- 


- 


- 


- 


1,600 


- 


- 


- 


Robert Wendell, 




" 


- 


- 


- 


12,110 


- 


- 


- 


- 


Chas. Norwood, . 




" 


- 


- 


- 


4,871 


- 


- 


- 


- 


Alfred Sanders, . 




" 


- 


- 


- 


24,000 


- 


- 


- 


- 


Hudson Smith, . 




" 


- 


- 


- 


1,512 


160 


- 


- 


- 


Murdock Matherson, 




" 


- 


- 


- 


- 


- 


- 


- 


_ 


Jerry Sheehan, . 




" 


- 


- 


- 


91,700 


- 


- 


- 


_ 


Gilbert Rich, 




" 


- 


— 


- 


20,935 


1,500 


- 


- 


- 


John Simmons, . 




Somerset, . 


- 


2 


16,802 


- 


16 


2 


- 


- 


F. W. Luther, . 




" 


- 


- 


- 


- 


-- 


41 


540 


- 


Edward Wilber, . 




" . . 


- 


181 


80,900 


- 


- 


- 


- 


_ 


Christopher O'Neil, 




Scituate, . 


. - 


2 


- 


3,700 


■ - 


- 


- 


- 


P. L. Prouty, 




" 


- 


- 


93 


3,290 


210 


- 


- 


- 


Win. R. Turner,. 




" 


- 


- 


- 


663 


- 


- 


- 


- 


Wm. Bates,. 




" 


- 


- 


- 


- 


1,000 


- 


- 


_ 


Geo.T.Edson, . 




" 


. - 


- 


- 


2,187 


4,484 


- 


- 


_ 


J. P. Jordan, 




" 


- 


- 


- 


400 


- 


- 


- 


_ 


John Flarity, 




" 


. 


- 


- 


300 


- 


- 


- 


- 


James Ed son, 




" 


- 


- 


- 


- 


285 


- 


- 


- 


Richard Hoar, 




" 


. 


- 


- 


50 


- 


- 


- 


- 


Dennis McCarty, 




" 


- 


- 


- 


- 


- 


- 


- 


- 


John Welch, 




" 


- 


- 


- 


130 


- 


- 


- 


- 


G. A. R. Horton, 




Swampscott, 


- 


- 


- 


6,300 


77,200 


- 


- 


- 


J.W.Hart & Co., 




Taunton, . 


- 


312 


36,230 


- 


- 


- 


- 


- 


C. H. Collins, 




Truro, 


. - 


- 


- 


- 


523 


- 


- 


- 


Geo. T. Lewis, . 




" 


- 


- 


- 


- 


- 


- 


- 


- 


R. S. Lombard, . 




" 


. 


- 


- 


- 


- 


- 


- 


- 


C. M. Grosier, . 




" 


- 


- 


- 


- 


- 


- 


- 


- 


B. F. Lombard, . 




" 


. 


- 


- 


- 


- 


- 


- 


- 


Wm. B. Doane, . 




Wellfleet, . 


- 


- 


- 


- 


- 


- 


- 


_ 


L. W. White-, 




Westport, . 


. - 


1 


2,549 


- 


J 


2 


- 


- 


John H. Waite, . 




" 


- 


- 


3,055 


- 


- 


- 


- 


- 


Geo. R. Tripp, . 




" 


- 


- 


1,300 


- 


- 


- 


- 


- 


Philip S. Tripp, . 




" 


. - 


- 


1,552 


- 


1 


3 


- 


- 


J. T. Lawton, . 




" 


- 


- 


1,420 


- 


- 


- 


- 


- 


W.H.Allen, 




South Westporl 




2 


2,044 


- 


- 


20 


- 


- 


J. J. Austin, 




" " 


- 


139 


2,537 


- 


8 


23 


- 


_ 


A. F. Hilt, . 




" " 


- 


- 


1,728 


- 


- 


7 


- 


_ 


H. F. Crowell, . 




South Yarmout 


h.i - 


- 


69,000 


- 


- 


- 


- 


_ 


D.S.Baker, 




" " 


- 


9 


- 


4,706 


- 


4 


- 


- 


P. P. Aiken, 




" " 


- 


- 


36,781 


- 


- 


- 


- 


- 


G.H.Baker, 






. 1 


- 


31,600 


1,049,430 


4,019,834 


- 


- 


- 


Totals (203),. 




6,342 


1,840,359 


1,980 


2,289 


1,141 



:< 



1890.] 



PUBLIC DOCUMENT — No. 25 

Table T. — Concluded. 



87 









65 
1,640 



5,085 



7,500 



1,200 
3,200 



1,800 



333 



90 
540 



330 



110,( 



8,535 



54,382 1,263 



14 



100 
785 

250 



1,725 

61 

6,500 



4,394 
14,530 



333 

•JOS 



300 



749 
965 

256 

907 

1,050 

1,000 

720 

11,500 

7,208 

1,608 



444 
573 
275 
liii) 
S2fi 
C23 
111 
29 
207 
664 
205 



222 
28 



210,353 1,488 



1,830 
200 
210 

760 
4,279 

1,271 

500 

244 
1,258 

317 
3,344 
1,073 
11,322 
4,157 
1,261 

594 
1,338 

667 
941 
300 



2 - 



300 



513 



181,401 



21,990 



9,155 
16,075 



26 



10 



30,444 



3,770 



153,448 



88 



FISH AND GAME. 



[Dec, 



Table II. — Pounds and Weirs. — Showing 













to 

a 




m 
m 




4) 


PROPRIETOR. 


TOWN. 


a 




3D 

03 




0) 

•a 

es 


T3 




D 

tc 

O 






| 


■3 

cS 




cS 


c 


a, 


3 


S 










< 




1 


GO 


o 

ID 


a 1 
w 


J. H. Winslow, . 


Brewster, . 






57,415 












Freeman Atwood, 


" 




- 


452 


- 


- 


- 


165 


- 


i 


James Eldredge, . 


" 




- 


52 


- 


- 


- 


18 


- 




Reed Loveland & Co., 


Chatham, 




- 


1,113 


4,250 


58,500 


44,250 


- 


- 


8 


Andrew Harding & Co., 


" 




- 


5,809 


6,350 


42,750 


- 


- 


- 


- 


Alpheus Mayo, . 


" 




- 


438 


3,099 


7,800 


84,650 


13 


7,784 


80 


G-. W. dwell, . 


" 




- 


353 


4,300 


19,732 


58,325 


2 


5,648 


- 


S. F. Bearse, 


" 




- 


1,347 


36,315 


144,100 


- 


- 


- 


- 


S. S. Ellis, .... 


" 




- 


1,205 


429 


163,200 


72,200 


2 


26 


8 


S. W. Could & Co., . 


<( 




- 


740 


3,287 


96,200 


229,235 


13 


244 


47 


R. Flanders & Co., 


Chilmark, 




1 


6 


1,071 


- 


2,600 


4 


4,292 


1,523 


H. 0. Pool & Co., 


" 




- 


4 


2,275 


11,200 


114,086 


2 


46,957 


10,573 


Jason Luce & Co., 


" 




- 


- 


- 


- 


- 


- 


16,448 


921 


Andrew R. Reed, 


Dartmouth, 


- 


61 


12,635 


754 


- 


427 


1,060 


994 


Waite & Smith, . 


" 


- 


49 


46.158 


433 


4,726 


655 


3,156 


1,163 


C. H. & John Manchester, . 


" 


_ 


257 


600 


440 


25,850 


_ 


877 


1,626 


Benjamin Queripel, 


" 


- 


6 


3,869 


2,070 


551 


- 


2,292 


372 


W. A. Gifford, . 


" 


- 


452 


5,904 


603 


16,172 


23 


1,090 


1,073 


J. F. Briggs, 


" 


- 


43 


29,445 


444 


1,105 


2,284 


213 


177 


Geo. Priaulx, 


So. Dartmouth, . 


- 


1 


7,478 


1,082 


15,322 


19 


5,246 


1,776 


Edward D. Howland, . 


" 


- 


19 


4,482 


- 


4,114 


- 


1,788 


3,519 


Nicholas Priaulx, 


«' 


- 


127 


10,573 


4,396 


14,364 


- 


9,202 


1,131 


W.F.Mathews, . 


" 


- 


7 


7,209 


79 


4,253 


S6 


2,479 


486 


G-. A Snell, 


" 


- 


124 


54,161 


761 


13,020 


133 


8,613 


1,650 


Thatcher & Kelley, . 


Dennis, 


- 


657 


22,985 


3,030 


6,755 


11 


133 


13 


Zenas H. Baker, . 


" 


- 


1,263 


17,453 


17,700 


72,759 


56 


245 


12 


A. T. Chase, 


" 


- 


1,853 


- 


- 


- 


- 


- 


- 


William Crowell, 


North Dennis, . 


- 


- 


- 


- 


- 


- 


- 


- 


Charles F. Hall, . 


" (C 


- 


545 


_ 


_ 


1,104 


- 


- 


1 


Alonzo Higgins, . 


Eastham, . 


- 


- 


- 


- 


- 


- 


- 


- 


Peter Higgins, 


" 


- 


4 


- 


50 


6,226 


- 


7 


- 


W. H. Nickerson, 


'< 


- 


- 


- 


12,350 


- 


- 


- 


- 


W. T. Ilorton, . 


North Eastham, . 


- 


_ 


_ 


_ 


- 


- 


- 


- 


John Rogers, 


Falmouth, . 


- 


22 


204,000 


- 


448,218 


- 


29,164 


2,167 


Isaiah Spindell, . 


" 


- 


29 


6,910 


22 


76,739 


56 


11,814 


934 


Peter Wainw right, 


" 


- 


2 


1,902 


- 


770 


4 


1,098 


87 


P. M. Stuart, 


" 


- 


86 


5,107 


- 


52,066 


- 


7,765 


1,156 


J. J.Veeder, 


" ■ 


- 


55 


5,625 


- 


5,309 


- 


4,627 


118 


Arthur W. Allen, 


Fall River, . 


- 


- 


- 


71 


- 


31 


2,450 


1,000 


J. P. Holmes, 


Gosnold, 


- 


- 


800 


- 


7,000 


- 


10,000 


400 


John Manley, 


" 


- 


9 


1,917 


- 


- 


- 


11,550 


216 


Peter B. Davis, . 


" 


- 


- 


- 


- 


- 


- 


2,770 


440 


C.C.Allen, . . . . 


«« 


- 


106 


366 


866 


6,857 


- 


13,601 


31 


Henry J. Allen, . 


" 


_ 


_ 


_ 


- 


- 


- 


2,385 


1,865 


Timothy Aiken, . 


" 


- 


- 


- 


- 


7,500 


- 


5,994 


- 


C. C. Church, 


" 


- 


61 


6,050 


- 


1,275 


39 


30,131 


314 


A. B. Veeder, 


" 


- 


76 


14,160 


- 


- 


- 


35,500 


2,775 


F.A. Veeder & Co., . 


<' 


- 


29 


1,575 


- 


850 


2 


55,150 


1,149 


Joseph Parsons, . 


Gloucester, 


- 


200 


18,048 


66,000 


41,466 


- 


- 


- 


Bartimus Luce, . 


Gay Head, . 


- 


3 


270 


350 


87,449 


16 


20,879 


407 


Wm. L Pease & Co., . 


" " . . 


_ 


_ 


600 


- 


17,500 


44 


8,262 


487 


D. F. Weeks, 


Harwich, . 


- 


344 


4,230 


5,150 


93,950 


2 


14,455 


617 


T. B.Baker & Co., 


" 


- 


719 


4,825 


- 


100,000 


- 


1,920 


1 


Cyrus Nickerson, 


South Harwich, . 


- 


62 


- 


20,500 


61,500 


- 


6,285 


150) 


F. T. Lane, . 


Lanesville, . 


- 


- 


- 


- 


- 


- 


- 


- 


Byron P. Dunn, . 


Mattapoisett, 


- 


- 


7,800 


- 


74 


31 


131 


347 


W. K. Perry, 


" 


- 


- 


692 


73 


2,103 


7 


166,207 


503 


A. B. Bowman, . 


" 


- 


_ 


600 


- 


500 


6 


45 


200 


J. G Heath & Co., 


Manchester, 


- 


25 


2,000 


535,400 


364,000 


100 


- 


- 


Alphonso Tarr, . 


Magnolia, . 


- 


1 


9,400 


234,030 


310,300 


3 


72 


- 


T. R. Paine 


Provincetown, . 


- 


186 


- 


120,000 


9,800 


- 


- 


- 


E. T. Starr, . . . . 


" 


- 


215 


484 


- 


641 


37 


1,053 


104 


Solomon Bangs, . 


" 


3 


147 


7,323 


840,299 


104,446 


20 


527 


11 


J. A. Lewis, 


(i 


- 


1,609 


- 


101,510 


37,350 


3 


- 


9 


Henry J. Lewis, . 


1 " : 


— 


— 


" 


29,400 


" 


24 







1890.] 



PUBLIC DOCUMENT — No. 25. 



89 



the Catch of Each during the Year 1890. 















~? 




*v 






OB 






2* 


a 


to 
a 

pa 

c3 


ac 


m 

'S 
m 

O 
u 


73 
O 


6 

'3 
o 


S 


c3 


3 

as 


OQ 


o 


2 a 


at 


2 


IS 


M 


m 


« 


ft 


O 


P0 


w 


S 


XJ1 


« 


H 


fc, <S 


H 


OQ 


o s 


































- 


- 


- 


- 


- 


- 


763 


- 


11,193 


108 


73 


1,810 


1,670 


- 


- 


- 


- 


- 


- 


- 


- 


217 


- 


1,929 


- 


11 


- 


- 


- 


- 


139 


8,600 


- 


354 


10 


- 


17,015 


- 


2 


- 


8,050 


- 


2,100 


- 


- 


32 


9,950 


- 


985 


- 


- 


10,485 


- 


- 


2 


65 


- 


50,000 


- 


16 


391 


53,396 


- 


9 


629 


8 


14,947 


34 


129 


124 


110 


477 


14,466 


211,825 


19 


1,098 


33,449 


- 


1. 


- 


- 


657 


- 


'98 


6 


1,248 


18 


80,182 


125 


- 


- 


6,619 


- 


- 


- 


- 


7,348 


- 


- 


- 


- 


- 


- 


- 


- 


1 


6,490 


- 


69 


- 


- 


4,475 


- 


- 


3 


8,150 


- 


10,000 


- 


33 


275 


40,304 


- 


10 


7 


- 


1,237 


- 


- 


13 


4,881 


20 


157,580 


5 


386 


2,762 


1,235 


- 


330 


1,826 


- 


18 


36 


100 


48 


1,056 


- 


3,775 


- 


117 


17,534 


14,784 


6,445 


57 


3,165 


- 


3,834 


4 


469 


358 


5,630 


13 


3,886 


- 


- 


7,504 


- 


- 


72 


2,352 


- 


75 


- 


66 


25 


2,680 


- 


- 


- 


53 


- 


3,163 


- 


8 


- 


- 


4 


- 


682 


409 


10,388 


- 


- 


3,766 


55 


- 


14,124 


- 


31 


- 


- 


5 


18 


- 


1,136 


1,475 


- 


1,892 


- 


3 


8 


6,181 


- 


- 


22 


- 


8 


- 


87 


78 


2,234 


- 


4,350 


- 


23 


12 


938 


- 


- 


- 


- 


2 


- 


3 


535 


1,375 


40 


- 


3,356 


37 


- 


1 


901 


61 


101 


- 


65 


1 


169 


407 


516 


1 


- 


- 


- 


71 


1,175 


116 


- 


- 


2 


- 


- 


_ 


911 


1,733 


297 


764 


8 


48 


28 


6,681 


- 


- 


- 


- 


3,541 


12 


174 


1,108 


6,695 


1,117 


6,588 


- 


- 


76 


31,330 


- 


- 


- 


- 


5,122 


- 


3,114 


- 


3,428 


- 


- 


6,630 


- 


- 


9,961 


- 


- 


66 


- 


801 


7 


35 


1,492 


3,856 


- 


21,127 


- 


82 


9 


1,476 


15 


1 


- 


- 


- 


1 


9 


738 


2,476 


2,078 


3,643 


8,575 


142 


230 


11,448 


- 


- 


- 


- 


22 


1 


528 


2,440 


5,320 


- 


- 


- 


50 


- 


904 


- 


- 


- 


- 


- 


- 


- 


10 


573 


- 


11,359 


- 


19 


13 


14,867 


1 


1 


5 


- 


3 


- 


2,725 


72 


2,798 


87 


107,723 


2,523 


- 


- 


- 


- 


- 


- 


- 


4,255 


- 


3,076 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


4,050 


- 


158 


- 


- 


- 


- 


- 


- 


- 


33 


- 


3 


13 


- 


4,371 


- 


795 


12 


19 


- 


42,000 


1 


- 


- 


- 


- 


- 


- 


- 


5,505 


- 


3,020 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


2,267 


- 


2,025 


62 


239 


1 


8,850 


1 


- 


- 


- 


- 


- 


- 


- 


13,445 


- 


3,072 


- 


358 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


4,200 


- 


4,015 


- 


- 


- 


- 


- 


- 


3,115 


23,650 


- 


- 


209 


- 


1,066 


- 


1,883 


4,980 


6,202 


- 


522 


20,000 


119 


408 


15,653 


- 


82 


238 


- 


760 


2 


996 


314 


1,452 


3 


35,255 


- 


- 


406 


2,685 


- 


2 


4 


- 


209 


_ 


21 


122 


444 


- 


1,567 


30 


66 


396 


15,072 


- 


- 


28 


- 


288 


2 


1,249 


4,013 


7,074 


- 


17,000 


- 


87 


655 


11,745 


- 


1 


60 


- 


396 


- 


1 66 


89 


370 


- 


8,900 


2,616 


- 


- 


1,600 


- 


- 


- 


1 


- 


1 


_ 


25 


300 


- 


_ 


_ 


20 


- 


8,000 


- 


50 


- 


- 


100 


_ 


12 


_ 


1,000 


_ 


_ 


_ 


136 


4,143 


3,403 


8,375 


54 


- 


- 


37 


- 


15 


35 


1,925 


- 


8,650 ' 


8,500 


- 


755 


- 


- 


- 


66 


- 


- 


_ 


_ 


_ 


1,785 


_ 


_ 


_ 


10 


3,367 


2,615 


130 


112 


1 


- 


5 


- 


35 


218 


1,559 


1 


12,010 


9,350 


- 


- 


325 


- 


- 


- 


- 


- 


- 


- 


- 


2,150 


- 


- 


- 


- 


5,994 


- 


- 


- 


- 


- 


- 


_ 


- 


- 


- 


- 


- 


_ 


7 


1,432 


18,729 


3,803 


98 


21 


- 


23 


_ 


100 


94 


1,555 


_ 


_ 


188,500 


193 


6,660 


2,700 


- 


69 


1,205 


- 


341 


- 


1,076 


320 


3,251 


_ 


- 


65,000 


- 


91 


16,435 


- 


16 


- 


- 


50 


- 


10 


180 


2,213 


_ 


1,950 


- 


- 


- 


73,662 




175 




- 


9,086 




102 


_ 


1,280 


_ 


2,292 


_ 


86 


20,107 


70,601 


2,090 


8 


1,710 




7,238 


1 


45 


38 


2,957 


_ 


9,925 


_ 


- 


15,655 


602 




- 


902 




3,003 


1 


18 


30 


1,574 




_ 


1 


- 


5,394 


50,055 




- 


17 


- 


2,366 




1,068 


907 


3,089 


6 


139,640 


1,528 


- 


315 


12,150 


10 






- 


111 




- 


295 


1,550 




97,200 


- 


- 


2,584 


19,473 




- 


11 




2,054 




356 


177 




- 


136,200 


- 


— 




— 




— 




— 


90C 


_ 








_ 


_ 


_ 


166 


42 


32 


46 




2 




fi 


7 


46 


877 


1,23? 


144 


11,579 


30 


48 


23 


3,348 




- 


22 




ie 


5 


594 


i6e 


1,293 


355 


10,505 


2,338 


40 




150 




- 




- 




- 


5C 


200 


5,00C 


1,000 


10,000 




- 




1,050 




15 




- 


32,85( 


- 




65 


4C 


- 


27,000 


- 


- 




5,722 




791 


9E 


264 


32,095 


\ 19 


34E 


198 


8c 


— 


3,080 


27,250 


- 




465 




- 




2 


2,215 


5 


34 




34t 




5,710 


64,600 


232 




1,777 




8 




- 


8,26] 


L 


47? 


25e 


4,24C 


4 


1,051 


_ 


35 


1? 


44,192 


371 


364 


44 


718 


718,695 


\ 


18] 


T 


8,82] 


8 


250,298 


1 


- 




720 




20 




- 


55,495 


\ 


1,154 


- 


63( 


- 


_ 


- 






4,200 








" 


3,95? 


\ 183 


U 


125 


9,8K 


- 


20,655 


~ 



90 



FISH AND GAME. 

Table II. — Concluded. 



[Dec. 











m 


M 

a 


a 


m 
m 
es 
M 




60 


PROPRIETOR. 


TOWN. 


a 
o 

a 

Us 

GO 




> 

< 


3 

■w 


a 


m 


3 ■ 
02 


C3 

"3 



m 


W.H.Ellis, 


Provincetown, . 






_ 




_ 








S. T. & L. Nickerson, 




'* 


- 


- 


- 


154,900 


- 


- 


- 


- 


Crowell Brothers, 




" 


2 


21 


- 


329,600 


4,800 


- 


1 


2 


J.C.& E.Barnes, 




Plymouth, . 


- 


- 


1,505 


- 


- 


- 


- 


- 


Gh A. Phinney, . 




" 




- 


- 


- 


- 


21,000 


- 


- 


- 


J. B. Parsons, 




Rockport, 




3 


- 


- 


49,600 


20,000 


- 


- 


- 


Thomas Neville, . 




Salem, 




- 


65 


- 


109,950 


9,275 


- 


- 


- 


Wm. M. Vincent, 




Tisbury, 




- 


- 


- 


- 


1,200 


4 


443 


48 


O. S. Daggett, 




" 




- 


90 


- 


12,600 


11,417 


224 


12,114 


73^ 


R. A. Rich, . 




Truro, 




4 


173 


- 


52,602 


13,351 


- 


4 




Atkins Hughs, 




" 




- 


162 


- 


419,450 


29,200 


- 


- 


- 


Sylvester B. Atwood, 




" 




- 


364 


- 


17,720 


2,064 


- 


144 


- 


David Blatchford, 




" 




1 


401 


287,340 


188,270 


94,120 


1 


17 


- 


P. L. Paine, . 




North Truro, . 


- 


330 


2,003 


95,226 


1,647 


19 


124 


24 


S.F.Hardy,. 




South Truro, 


- 


- 


- 


65,190 


16,000 


- 


- 


- 


0. D. Bradley, . 




Vineyard Haven, 


- 


10 


276 


- 


1,075 


12 


5,218 


Ill 


C. B. Cleveland, . 




" •* 


- 


- 


46,050 


- 


16,500 


- 


- 


429 


Warren Newcomb, 




Wellfleet, . 


_ 


- 


205,942 


- 


- 


- 


- 


- 


N. B. Rich, . 




" 




- 


370 


- 


267,200 


30,500 


- 


- 


- 


N. W. Rich, 




" 




- 


_ 


- 


123,600 


- 


- 


- 


- 


James M. Soule, . 




Westport, 




- 


- 


3,114 


- 


- 


- 


- 


- 


Frank B. Orinnell, 




" 




- 


- 


7,700 


- 


- 


- 


- 


- 


Albert Wilcox, . 




South Westport, 


- 


- 


4,236 


358 


293 


734 


907 


- 


Totals (88), . 








14 


22,961 


1,198,561 


4,432,690 


2,911,970 


5,302 


354,423 


43,989 



1890.] 



PUBLIC DOCUMENT — No. 25. 



91 



Table II. — Concluded. 

























,£3 






2* 


so 

a 
3 


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CO 

a 
W 

03 

GO 


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pa 


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to 

p 


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pq 


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M 
o 


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o 

3 




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s 


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o 


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CD 


















1,068 


455 


_ 


_ 






_ 


_ 


26 


_ 


1,000 


_ 


_ 


_ 


_ 


3,460 


- 


72 


- 


- 


- 


- 


- 




" 


8,000 


- 


- 


- 


45 


4,112 


17 


87 


- 


~ 


- 


56,000 


108,279 


_ 


_ 


_ 


_ 


_ 


_ 


15 


5,385 


427 


_ 


_ 


_ 


_ 


_ 


110,200 


_ 


- 


510 


- 


293 


- 


- 


8,576 


- 


204 


- 


203 


- 


- 


- 


_ 


_ 


6,140 


_ 


- 


25 


- 


7,052 


- 


413 


- 


- 


- 


- 


- 


17 


353 


1,266 


9 


3 


937 


- 


- 


5 


37 


21 


337 


- 


1,895 


- 


300 


2,517 


2,466 


293 


154 


1,859 


- 


342 


- 


466 


864 


9,864 


- 


1,093 


960 


- 


- 


4,120 


- 


35 


254 


196 


9,548 


- 


2,013 


153 


4,078 


- 


13,155 


7,250 


- 


- 


- 


- 


- 


38 


1,495 


186,392 


- 


1,893 


- 


2,127 


- 


77,700 


- 


37 


2 


4,748 


- 


25 


390 


252 


10,233 


- 


575 


143 


7,862 


2 


70,200 


18,500 


2 


- 


25,972 


- 


2,986 


4 


66 


22,390 


- 


3,323 


53 


2,658 


- 


104,685 


68,590 


119 


- 


8,494 


- 


187 


319 


306 


27,039 


- 


2,155 


290 


5,543 


1 


48,021 


91 


_ 


_ 


_ 


- 


65 


1 


- 


5,972 


- 


757 


- 


350 


- 


1,500 


- 


- 


- 


2,589 


352 


- 


66 


- 


- 


- 


1 


78 


10,080 


220 


5,245 


6,630 


- 


- 


- 


- 


- 


1,997 


- 


- 


- 


- 


- 


12,470 


- 


- 


- 


_ 


_ 


44,000 


_ 


906 


6 


1 


10,108 


_ 


992 


90 


164 


_ 


13,500 


4,000 


- 


- 


- 


- 


- 


- 


- 


3,817 


- 


- 


- 


6,000 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


1,389 


- 


50 


- 


880 


- 


- 


- 


- 


- 


- 


- 


- 


756 


- 


8,200 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


97 


121 


- 


- 


2,819 


100,680 


834,935 


23,847 


7,666 


16,732 


3,321 


1,297,264 


1,242 


60,633 


25,637 


210,476 


9,180 


1,630,388 


958,872 



92 



FISH AND GAME. 



[Dec. 



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1890.] 



PUBLIC DOCUMENT — No. 25. 



93 




\ 



PUBLIC DOCUMENT .... .... No. 25. 



REPORT OF THE COMMISSIONERS 



INLAND FISHERIES AND GAME 



Year Ending December 31, 1891, 



BOSTON : 

BRIGHT & POTTER PRINTING CO., STATE PRINTERS, 

18 Post Office Square. 

1892, 



V 



CONTENTS. 



Report, 5 

Appendix A. List of Commissioners, 23 

B. Report of Conference of New England Commissioners, 28 

C. Professor Garman, — Notes on Lobsters, . . .60 

D. Buzzard's Bay, 62 

E. Reports of Deputies, 66 

F. Decision U. S. Supreme Court, Manchester v. Com- 

monwealth, 70 

G. Legislation, 92 

H. List of Leased Ponds, 100 

I. Lobster Returns, ........ 102 

J. Returns of Pounds and Weirs 110 

K. Returns of Gill and Sweep Nets, 114 



Commontoealt^ of iltassatlntsttls. 



To His Excellency the Governor and Honorable Council, 

The Commissioners on Inland Fisheries and Game beg 
leave to present their twenty-sixth annual report. 

Fishways. 
All the fishways are, so far as is known, in good working 
order. The one at Lawrence will require some repairs next 
season. Mr. Holmes, who has charge of this fishway, 
reports that the black bass are rapidly increasing in both the 
Merrimac and the Concord. They have found their way 
into the upper part of the Merrimac from ponds and lakes 
in New Hampshire, and into the lower part from the 
Concord River. While the number of salmon reported as 
seen in the fishway is not as large as last year, the number 
taken at Plymouth, N. H , for the purpose of securing 
spawn, is much larger. 

Fish seen in the Lawrence Fishway in the Year 1891. 

Apr. 25 to May 5. Suckers, run small. 

May 6 to 11. Suckers, run small ; a few alewives. 

12 to 20. Suckers and lampreys, run small ; a few alewives. 
21 to June 1. Suckers and lampreys, run moderate; a few ale- 
wives. 
June 2 to 11. Suckers, run moderate ; lampreys, run large ; alewives, 
run small . 

12. Flashboards were set on the south end of the dam this after- 

noon, causing the water to fall below the end of the fishway. 
The following fish were seen in the fishway about an hour 
after the boards were set: one salmon, 10 pounds; lam- 
preys, run very large, the fishway crowded with them. 

13. Two salmon, 8 to 12 pounds; lampreys, run very large; 

suckers and alewives, run small. 

14. Three salmon, 10 to 14 pounds ; lampreys, run very large ; 

suckers, run small. 



6 FISH AND GAME. [Dec. 

June 15. Three salmon, 10 to 16 pounds; lampreys, run moderate; 
suckers, run small. 

16. Three salmon, 12 to 14 pounds ; lampreys, run moderate ; a 

few suckers and chubs. 

17. Lampreys and suckers, run small. 

18. One salmon, 8 pounds ; lampreys, run small. 

19. Lampreys, run small ; a few small silver eels. 

20. One salmon, 10 pounds; lampreys, run small. 

-21 and 22. A few lampreys, suckers and small silver eels. 

23. Eleven salmon, 8 to 16 pounds ; a few suckers and silver eels. 

24. Eight salmon, 10 to 14 pounds ; a few suckers and silver eels. 

25. Six salmon, 10 to 14 pounds ; a few suckers and silver eels. 

26. Nine salmon, 10 to 16 pounds; a few suckers and silver eels. 

27. Six salmon, 10 to 14 pounds ; a few suckers and silver eels. 

28. Three salmon, 10 to 14 pounds ; a few suckers and silver eels. 

29. A few suckers, chubs and silver eels. 

30. Two salmon, 10 to 12 pounds; a few suckers and silver eels. 
July 1 and 2. A few suckers, chubs and silver eels. 

3. Two salmon, 8 to 12 pounds ; a few suckers and silver eels. 

4. A few suckers, chubs and silver eels. 

5. One salmon, 10 pounds; a few suckers and silver eels. 
6 to 8. Silver eels, run moderate ; a few suckers. 

9. One salmon, 12 pounds; silver eels, run moderate; a few 

suckers. 
10 and 11. Silver eels, run moderate ; a few suckers. 
12. Two salmon, 10 to 12 pounds; silver eels, run moderate; a 

few suckers. 
13 to 17. Silver eels, run moderate ; a few suckers. 

18. Two black bass ; silver eels, run moderate ; a few suckers 

and chubs. 

19. Two black bass ; silver eels, run moderate ; a few suckers. 

20. One black bass ; silver eels, suckers and chubs, run small. 
21 to 24. Silver eels, run small ; a few suckers. 

25. One black bass ; silver eels, run small. 

26. One black bass ; silver eels, run small. 

27. to 30. Silver eels, run small ; a few suckers. 

31. One salmon, 10 pounds ; a few silver eels. 

Aug. 1 to 7. Silver eels, run small ; a few suckers. and chubs. 

8. One black bass ; silver eels, run small. 

9. Two black bass ; silver eels, run small. 

10 to 14. Silver eels, run small ; a few suckers. 

15. Two black bass ; silver eels, run small. 

16. One black bass ; silver eels, run small. 

17 to 31. Silver eels, run small ; a few suckers and chubs. 
Sept. 1. One black bass ; a few silver eels and suckers. 

2. Six black bass ; a few silver eels and suckers. 

3. Eight black bass ; a few silver eels and suckers. 

4. Four black bass ; a few silver eels and suckers. 

5. Four black bass ; a few silver eels and suckers. 



1891.] PUBLIC DOCUMENT — No. 25. 7 

Sept. 6 to 21. A few suckers all the fish that were present; water 
shut out of fishway on the 21st ; river very low ; water in 
the fishway September 27th, but no fish present; water 
shut out again on the morning of September 28, and has 
remained out to this date (November 12) ; river very low. 

Thomas S. Holmes, 
In Charge of Lawrence Fishway. 

Carp. 
There seems to be very little interest taken in the culture 
of carp in this State. Only five applications were received 
this year ; all of the applicants were well supplied with good, 
healthy fish. 

Trout. 

Massachusetts' share of trout eggs from the joint State 
hatchery at Plymouth, N. H,, for 1891, was 501,000. Of 
this number, 75,000 were sent to the hatchery at Northamp- 
ton, to be hatched and distributed in that county. By report 
we are informed that the fry were successfully hatched 
and distributed in the streams of Hampshire County. The 
balance, 426,000, were sent to the State hatchery at Win- 
chester, and hatched, under the care of one of the commis- 
sioners, with a loss of less than four per cent. In addition 
to the above, we purchased 200,000 eggs. 

We were able to distribute about 580,000 young trout 
over the State. They were a fine lot of remarkably healthy 
fish, and were planted with a loss of less than one per cent, 
in transportation. The returns from persons receiving them 
show that they were planted according to directions, and 
that such planting, where it has been continued for two or 
three years, has proved very satisfactory. In some instances 
where three years ago they took one good-sized trout they 
now can take twenty. 

The commissioners have not been able to supply the 
demand for trout fry, and consequently some of the appli- 
cants who asked too late were necessarily disappointed 
because of a complete distribution before their applications 
were received ; and some applications were necessarily 
refused because they came in too large numbers from con- 
tiguous territory. The rule is to divide the number of fish 



8 



FISH AND GAME. 



[Dec. 



by the number of applications received before the first of 
April, thus giving to each applicant an equal share. The 
only variations from this arrangement arise, first, from the 
fact that every year some applicants fail to come for their 
fry when notified ; and, second, when there are too many 
applicants from the same locality. The commissioners 
desire to distribute the fish as equitably, all things considered, 
as possible over the State. 

The trout are delivered free at the hatchery, Winchester, 
and cans are supplied for transportation. They cannot be 
kept in the troughs beyond a certain time, and, if parties fai 
to come for them when notified, it interferes seriously wit! 
the arrangements for distribution. 

The hatchery at Plymouth, N. H., is being run to nearly 
its full capacity ; and, until the hatchery now being built 
at Sutton, Worcester County, is completed and stocked, the 
only chance for increasing the number of trout for distri- 
bution is to purchase eggs from private parties who engage 
in this business. 

We expect to have about 500,000 young trout for distri- 
bution next April and May. 

The following is the list of persons to whom the trout were 
delivered in the spring of 1891 : — 



Brook Trout Delivered, Spring of 1891. 



Barnstable County. 
Robert Armstrong, East Sandwich. 
J. L. Wesson, East Sandwich. 
A. S. Backus, Barnstable. 
C. A. Cahoon, Brewster. 
J. F. Tobey, Harwich and Chat- 
ham. 
J. A. Loring, Sandwich. 
Chas. B. Corey, Hyannis. 
Richard O. Harding, Hyannis. 

Bristol County. 
Geo. H. Herrick, Attleborough. 
Sani'l R. Bennett, Dartmouth. 
J. L. Humphrey, East Freetown. 
Win, J. Luther, No. Attleborough. 
Wm. N. Weeden, Westport. 
Dr. Chas. Copeland, So. Somerset. 



Plymouth County. 
J. G. Dexter," Rochester. 

A. Savary, Agawam Neck. 

J. H. Burgess, East Wareham. 

E. Thomas, Rock. 

L. O. At wood, Rock. 

E. Finney, Chiltonville. 

J. Collingwood, Plymouth. 

Geo. W. Randall, South Plympton. 

B. G. Cohoon, South Marshfield. 
W. D. Baker, South Marshfield. 
H. B. Chandler, Kingston. 

Wm J. Wright, Duxbury. 
J. W. Swift, Duxbury. 
E. E Chandler, Duxbury. 
Geo W. Wright, Duxbury. 
A. W. Nickerson, Marion. 



1891.] PUBLIC DOCUMENT — No. 25, 



Brook Trout delivered, etc. — Continued. 



Norfolk County. 
Joseph Guild, Dedham. 
W. D. Carpenter, Foxborough. 
A. C. Pratt, Weymouth. 
G. A. Carpenter, Foxborough. 
I. W. Lane, Foxb'orough. 
F. R. Shattuek, Medfield. 
A. D. Thayer, Franklin. 
H. W. Thayer, Franklin. 
E. Brooks, Milton. 
A X. Clark, Walpole. 
H. S Howard, Randolph. 
Edw. Knobel, Dedham. 
E. B. Nevin, Weymouth. 
J. C. Lane, Norwood. 
H. C. Metcalf, Walpole. 
H. B. Endicott, Dedham. 
C. A. Bigelow, Wellesle} T . 
A. E. Peck, Franklin. 

Suffolk County. . 

W. E. Cox, Jamaica Plain. 
J. R. Downing-, Brighton. 

Essex County. 
J. O. Wardwell, Haverhill. 
J. O. Parker, Methuen. 
Rob't Baker, Manchester. 
R. K. Sears, Danvers. 
H. E. Raymond, Peabody. 
J. C. Haskell, Lynn. 
E. J. Thompson, Lynn. 
A. L. Clark, Ipswich. 
Chas. Greene, Andover. 
A. B. Clark, Peabody. 
Benj. Lane, Lynn. 
W. R. Rowel 1, Methuen. 

Middlesex County. 

E. F. Marble, Ashby. 
Rolfe Bradbury, Westford. 
C. O. Hall, East Dracut. 

Geo. H. Holt, West Chelmsford. 
Geo. L. Lawson, Westford. 
Geo. F. Lawson, Dunstable. 
J. H. Hall, Westford. 

F. E. Stewartson, Chelmsford. 



Middlesex County — Concluded. 
F H. Lynde, Bill erica. 
Thos. Bixby, Townsend. 
Geo. R. Williams, Townsend. 
H. G. Nichols, Newton. 
W. K Rice, Waylancl. 
Geo. W. Morse, Newtonville. 
C. H. Barber, Framingham. 
L. S Brigham, Sudbury. 

F. A. Hartwell, Lexington. 
C. A. Jones, Woburn. 

J. H. Woodford, Newton. 
W. N. Lock wood, Lexington. 
Holmes & Nichols, Lincoln. 
Thos F. Nulter, Wakefield. 

G. H Cushman, Sudbury. 
R. G. Marshall, Sudbury. 

E H. Richards, Burlington. 
J. H Loring, Concord 
E. W Clark, Tyngsboro. 
J. W. Huntoon, Tyngsboro. 
W. II Hill, Bedford. 
Winchester W'ater Board, Win- 
chester. 

Worcester County. 
John Day, Sturbridge. 
E. R. Moulton, Fiskdale 

C. V Dudley, Northbridge. 
H. T. Whiten, Northbridge. 

D. M. Earle, Worcester. 
A. E. Estabrook, Leicester. 
H S. Seeley, Shrewsbury. 
Geo. McAleer, Worcester. 
Geo W. Wells, Worcester 
Geo. H. Rugg, Grafton 

J. W. Fairbanks, Westborough. 
W. T Bow r ers, Lunenburg. 
Sydney Harrocks, Westminster. 
Rodney Wallace, Ashburnham. 
Geo. R. Wallace, Ashburnham. 
H. I. Wallace, Ashburnham. 
H O Adams, Shrewsbury. 
C. W. Bates, Phillipston. 
M. D. Peckham, New Braintree. 
J T Whitcomb, Phillipston. 
Wm. Lawrence, Shrewsbury. 
L G.Pitts, Holden. 



10 



FISH AND GAME. 



[Dec. 



Brook Trout delivered, etc. — Concluded. 



Worcester County — Concluded. 
Wm. H. Gibbs, Clinton. 
W. H. Clark, Auburn. 
F. W. Aldrich, Fitchburg. 
Win. R. Albertson, Old Boylston. 
Chas. B. Pratt, Shrewsbury. 
John Barnes, Petersham. 
J. E. Kellogg;, Fitchburg. 
H P. Kendall, Sterling. 
J. F. Bruso, Worcester. 
A. Taylor, Lunenburg. 
A. J. Bartlett, Winchendon. 
Green & Ladd, Brookfield. 
S. A. Howes, Templeton. 
L. G. McKnight, Gardner. 

Hampden County. 
J. W. Anderson, Monson. 
E. T. Stevens, Palmer 
J. A Murphy, Springfield. 
E. J. Foster, Springfield. 
R. H. Merriit, Springfield. 
Thos. N. Birnie, West Springfield. 
H.H Patten, Hampden and Monson. 
H. E. Sheldon, West Springfield. 
E. K Bodurtha, Agawam. 
Joseph Orr, Chicopee. 
J. P. Wood worth, Chicopee. 
L. T. Averill, Agawam. 
R W. Day, Springfield. 



Hampden County — Concluded. 

C. W. Skiff, Westfield. 
R. E. Cooper, Westfield. 
H. H. Brigham, Westfield. 

D. H. Wetherell, Westfield. 

F. C. Davis, East Longmeadow. 
C. B. Butler, South wick. 

Franklin County. 

E. L. Stockwell, Wendell and Mon- 
tague. 

Silas P. Cook, Gill. 
N. S. Cutler, Greenfield. 
J. A. Hawkes, Deerfield. 
C. G. Clapp, Deerfield. 

Hampshire County. 
E. H. Vaughn, Prescott. 

E. A. Atkins, Plainfield 

C M. Pettingill, Cummington 
Frank M. Sibley, Ware. 

Berkshire County. 
Donald Birnie, Beckett. 
H. M. Wilbur, Adams 
T. W. Richmond, North Adams 
J. W. Bullock, Williamstown. 
C. J. Whiting, Clarksburg. 

F. S. Rice, Florida. 

I. H. Wood, Pittsfield. 



Salmon in the Merrimac. - 
The water in the Merrimac fell off very early in the 
season, and has continued low. In consequence of this 
drouth, the summer run of salmon was impeded in their 
passage up the river to the spawning grounds, and the fall 
run was entirely cut off. Notwithstanding these drawbacks, 
the increase of salmon in this river was maintained. 

It has been stated as a fact in the Colonial history of the 
Merrimac, that the salmon belonging to this river were 
never known to take a fly. Whether this is true or not is a 
matter of but little consequence to the fly-fisherman, for the 
original stock belonging to the river were all killed out soon 
after the erection of the Lawrence dam, and the present 



1891.] PUBLIC DOCUMENT — No. 25. 11 

stock were bred from the Penobscot salmon, which are well 
known to sportsmen. 

It will be seen, by the following report of Commissioner 
E. B. Hodge, superintendent of the joint hatchery at Ply- 
mouth, that many salmon are reported as taken with hook 
and line below Manchester. This, together with the fact 
that during their run up the river salmon are seen at North 
Andover, near the mouth of the Shawsheen, and in pools 
below the rapids at several points on the river, breaking 
water and apparently feeding on small flies, is strong evi- 
dence that they may be taken with artificial bait. We look 
forward to the time when the salmon fishermen will resort 
to this river the same as they now do to the Penobscot and 
more northern rivers for this delightful sport. 



To the Commissioners on Inland Fisheries for the Commonwealth of 
Massachusetts. 

Gentlemen : — I have the honor herewith to submit ray annual 
report of the joint work done at this station for the year ending 
Dec. 1, 1891. 

February 20 I received from Bucksport, Me., 132,000 eggs of 
the Penobscot salmon (Salmo solar). These eggs were furnished 
by the State of Massachusetts. Owing to the limited number of 
salmon taken at the Bucksport station by the United States Fish 
Commissioner, no eggs were allotted to New Hampshire or Massa- 
chusetts by that body ; and the plant made in the headwaters of 
the Merrimac consisted of 200,000 fry hatched from eggs taken 
from native Merrimac River salmon, and the 132,000 received from 
Bucksport. These were all planted in the Pemegewasset River, 
most of them from one to twenty miles above Livermore Falls. 
The plant was made without any loss, and before the fry were ready 
to take food. As soon at the yolk sac was absorbed, these young 
fish were in places where they could find their natural food, which 
is far better adapted to their wants than anything that can be sup- 
plied artificially. 

As was expected, there was a large increase of the salmon in 
the Merrimac this season. They were seen in large numbers at 
Manchester and nearly all the tributaries above there ; but, owing 
to the low water, only the early run reached the station here. 
Twenty-three were taken in one day ; seventy-five were secured in 
all. In weight they varied from six to thirty pounds, but they 
would only average from eight to ten pounds ; as usual, more 



12 FISH AND GAME. [Dec. 

males than females were taken. A large number of salmon passed 
the lishway at Manchester that did not reach here, and must have 
spawned in the river below. Many salmon are reported to have 
been taken with hook and line below Manchester, and in June 
some were speared in the tributaries above. As soon as known, 
this was stopped by the New Hampshire commissioners. 

Over 1,000,000 brook-trout eggs were taken. Of these, 75,000 
were sent to Mr. Dana Parsons at Northampton, Mass., and 
426,000 to Commissioner E. A. Brackett at Winchester. The 
remainder were retained at the hatchery for New Hampshire. 

A serious loss occurred this season from fish spawning in July 
and August, when there were no ripe males. The first eggs were 
placed in the hatchery September 3, and there are over 1,000,000 
now laid down. Twelve hundred and fifty-one small wild trout 
have been added to the stock of breeding trout this season. As 
the average life of brook trout in confinement is only from eight 
to nine years, it requires constant additions to make up the losses 
caused by the death of the old fish. Two new ponds have been 
constructed, and all necessary repairs made. 

This State has suffered from a severe drouth during the past 
few months, but the water supply remains the same as usual. 
Respectfully yours, 

E. B. Hodge, Superintendent. 

Lobsters. 
In 1869, at a hearing before a legislative committee on 
fish and game, for the purpose of discussing the question ot 
a close season on lobsters, the fishermen claimed that they 
spawned every month in the year. Our investigations have 
shown this to be correct, but not in the sense which the 
fishermen claimed for it. Such spawning is an exception to 
the general rule, for the bulk of the spawn is deposited in 
June, July and August. While engaged in hatching lob- 
sters in April, 1889, some facts were discovered leading to 
the conclusion that lobster eggs did not hatch in the winter 
time. To verify this, egg-bearing lobsters were secured in 
the fall, and kept in cars until spring. The temperature of 
the water was taken every day, and a few eggs were sent to 
Professor Garman, at Cambridge, every two weeks, for 
microscopic examination. It was found that little or no 
progress was made in the development of the embryo, until 
the water reached a temperature of 50° F., and no eggs 



1891.] PUBLIC DOCUMENT — No. 25. 13 

were hatched until the water rose to 55°. These experi- 
ments have demonstrated the fact that, no matter at what 
time the eggs are deposited on the swimmerets, they require 
a certain degree of warmth to mature them. It is doubtful 
whether, if hatched below this temperature, they would find 
the animalcules necessary for their food. 

Our experiments in hatching lobsters showed that, with 
proper arrangements, it was easy to hatch them by millions, 
but such an arrangement would require a hatching house 5 
with machinery for lifting the water so that there would be 
a constant flow over the eggs ; and that they could be kept 
in confinement from four to eight days, according to the 
temperature of the water, after which they either destroyed 
each other or died of starvation. No efforts yet made to 
feed them have succeeded ; and, however successful one may 
be in hatching them, they should be let loose, at once, to 
take their chances in the open sea. 

Egg-bearing lobsters, put in boxes properly prepared and 
floated in sheltered places, demonstrated the fact that there 
were no unimpregnated eggs. All hatched at about the same 
time. Whether they are impregnated before or after the 
eggs are laid has not yet been positively determined. 

Our experience leads to the conclusion that the best 
method of stocking is to plant egg-bearing lobsters in suit- 
able places. The importance of maintaining and increasing, 
as far as possible, these fisheries, cannot be overestimated., 
They give employment to several hundred men, and yield an 
annual income of more than half a million dollars. Probably 
the loss of no one product of the sea would be more severely 
felt than that of this valuable crustacean. 

The almost total destruction of the lobsters in some of the 
States, and their rapid decrease in our own waters, created 
an alarm that - resulted in the enactment of laws for their 
protection, and a demand that these laws should be strongly 
enforced. This duty was put upon the Commissioners of 
Fisheries and Game. It is one thing to pass laws, but quite 
another thing to enforce them.. Laws never enforce them- 
selves. After some experience and a more comprehensive 
study of the nature of the work and the extensive coast to 
be looked after, we informed the Legislature that it was 



14 FISH AND GAME. [Dec. 

impossible to carry out their instructions with the means at 
our disposal. After a full statement of the facts to the 
various committees before whom we were summoned, the 
Legislature voted unanimously to authorize us to purchase a 
suitable steamer for the protection of the coast fisheries, 
which was immediately done. With two years' experience 
in which a very thorough investigation of the coast fisheries 
has been carried on, we are of the opinion that, if the State 
is to maintain its fisheries, no more economical appropriation 
could have been made. It has enabled us to protect Buz- 
zard's Bay from the depredations of menhaden fishermen, as 
Well as to break up, to a great extent, the traffic in short and 
egg-bearing lobsters, carried on in vessels from New York, 
New London and elsewhere out of the State. The captains 
of these vessels come into our waters and encourage the 
fishermen to violate the laws by sinking cars in out-of-the- 
way places, full of short and egg-bearing lobsters, to be 
taken aboard the vessels at the last moment, and at times 
when there is no one to overhaul them before they can get 
beyond the three-miles limit. More than fourteen thousand 
were found by Captain Proctor in sunken cars, and liberated 
in depleted places. Some of these captains were taken from 
their vessels, prosecuted, and fined. They make their prin- 
cipal profit from the sale of short lobsters, paying the fisher- 
men only two or three cents each for anything under ten and 
one-half inches. It does not pay them to confine their trade 
to the lawful lobster. It follows that, if this traffic can be 
entirely broken up, the lawful lobster will find a market at 
home, instead of being sent out of the State. 

Under the directions of the commissioners, Captain Proctor 
has planted in waters along the coast, in places where the 
lobsters were more or less depleted, over 138,000,000 
lobster eggs. 

No law in the State has been more thoroughly enforced 
than that for the protection of the lobster. 

We append Captain Proctor's report : — 

Commissioners on Inland Fisheries and Oame. 

Gentlemen : — As district police officer detailed for the use of 
the commission, I respectfully submit the following report. 



1891.] PUBLIC DOCUMENT — No. 25. 15 

I have sent blanks to the fishermen as in former years, and find 
that, unless some action is taken against the delinquents, it is 
impossible to get full returns. 

I have patrolled the coast during the summer months in the 
State steamer " Ocean Gem," starting on the eighteenth day of 
May and stopping on the second day of October. 

Lobster smacks began to come from New York about the 7th 
of May, with the intention of taking lobsters from our waters, 
whether large, small or egg-bearing ; and they kept me busy look- 
ing after them during the entire season. I arrested several of 
the captains, and obtained convictions in every case. Some of 
the fishermen continued to catch and secrete the small and egg- 
Dearing lobsters by sinking them in contrivances made for that 
purpose, in hopes to smuggle them on board some vessel bound 
for New York. I found 14,017 of these lobsters and planted 
them in places where the catch had been depleted. I also dis- 
tributed 138,680.000 eggs along the coast, which have become 
lobsters before this time. 

A portion of the fishermen seem determined to injure them- 
selves and everybody else by violating the law ; and they tell me 
that small lobsters are so plenty that they fill their traps, and they 
are obliged to handle the same lobsters several times, and that it 
is hard to resist the temptation to keep them. They fear, if they 
throw them overboard, that somebody will catch and dispose of 
them. About a dozen years ago the fishermen, when construct- 
ing their traps, would place a wide lath between every two that 
were nailed to the bows, leaving a uniform space the width of a 
lath, so that the very small lobsters would not remain in the traps. 
But as they began to grow scarce, and raw lobster was intro- 
duced into the market, they put the laths nearer together each 
3'ear, until now they can catch lobsters that are not over five or 
six inches in length. A few of the fishermen are inclined to ruin 
their own business, making it so that a conscientious, law-abiding 
citizen does not have an equal chance, and dare not complain of 
his reckless neighbor for fear that his traps will be injured. There 
should be a law regulating the space between the laths or sticks of 
which a lobster trap is constructed, making it wide enough to 
allow lobsters measuring less than ten and one-half inches in 
length to escape. The fishermen who allege that they are bothered 
by these little lobsters, would be benefited, the law could be strictly 
enforced, and an honest man would have an equal chance. 

The first menhaden were seen in Buzzard's Bay, about the 
twentieth of May, and remained there until October. During the 
summer the small bays and estuaries were alive with young men- 



16 FISH AND GAME. [Dec. 

haden, about an inch in length, and these same fish grew before 
they left the bay to be about three inches in length. The whole- 
sale slaughter of menhaden has been stopped in this bay, and it 
should be the same all along the New England coast. The men- 
haden are natural food for larger fish, and should be preserved to 
be used for bait by our fishermen ; and said fishermen should be 
allowed to catch them at all times, wherever they can find them? 
and not be obliged at times to go without proper bait because the 
menhaden have all gone to the oil factory, for the benefit of a few 
wealthy men who belong in another State. 

I have had several complaints on the smelt and game laws, but, 
as I could be in only one place at a time, I was obliged to neglect 
some of them to attend to other business. 

I have made seventeen arrests, and convicted sixteen of the 
defendants. The other one was discharged by a grand jury com- 
posed of men whose interests and sympathies were on the wrong 
side. Fifteen were arrested for having short lobsters (convicted), 
one for not marking his car (discharged), one for assaulting an 
officer (convicted). Amount of fines imposed, $2,470. 
Respectfully submitted, 

Wm. H. Proctor, District Police. 

Chapter 390, Acts of 1889, authorized the commission to 
build new hatching houses, and the sum of one thousand 
dollars was appropriated for that purpose. After consider- 
able prospecting, we succeeded in finding a suitable location 
in the town of Sutton, about eight miles from Worcester, on 
the Providence & Worcester Railroad. The owner agreed 
to lease to the State two acres of land, with control of spring 
and brook, for a term of ten years, at $25 per year, with the 
privilege of purchasing the property any time within that 
term for three hundred dollars. As the location was good 
and the supply of water all that could be desired, we decided 
to take the lease. The house has been built, and consider- 
able necessary work done outside. To complete the works, 
put them in running order and to pay a superintendent, will 
require further appropriation. 

The last Legislature passed a resolve requesting "the 
Commissioners on Inland Fisheries and Game to confer with 
the proper authorities of the States of Maine, New Hamp- 
shire, Vermont, Rhode Island and Connecticut, with a view 
to securing the adoption of uniform laws to protect the food 



1891.] PUBLIC DOCUMENT — No. 25. 17 

fishes of the States named," and to report the result of their 
conference to the General Court of the year 1892. 

Your commissioners had no knowledge of the resolution 
until some time after the Legislature had adjourned, when a 
copy was sent to the chairman of the Board by the clerk of 
the Senate. We regret to say that no appropriation was 
made to cover the necessary expenses of this conference. 
The conference was held in Boston, at the State House, 
November 24, in which all the New England States were 
represented. The discussion, or interchange of opinions, 
was preliminary, and intended to be a preface to a more 
thorough discussion at some subsequent meeting, which the 
chairman of the Massachusetts Board was authorized to call. 

It was evident, before the meeting came to order, that the 
obstacles to uniform laws would be found in climatic con- 
ditions. The trout laws in several States fix the open 
season "from the first of May," a month later than in 
Massachusetts. This is in part to protect the wholesale 
destruction of these fish by taking them through the ice. 

It was intended to have discussed the lobster question 
fully; but, unfortunately, Mr. Gould, commissioner of sea 
and shore fisheries for Maine, could not be present. It was 
therefore deferred until the next meeting. The lobster laws 
for Massachusetts and Maine are, except for the unfortunate 
concession made to the canneries in the latter State, so simi- 
lar as to allow the two States to work in harmony. 

A full report of the conference will be found in the 
Appendix. 

Returns show a constant decrease in our shad fisheries 
in the inland waters, and, unless some decided effort is made 
to protect these fish, they are doomed to total destruction in 
all the New England States. It is the old story, the mistaken 
idea that every one should have the right to take and kill as 
he pleases, upheld by unwise legislation, supposed to be in 
the interest of the few, regardless of the future and the 
public good. It is idle to talk of the impurities of our 
rivers and streams, as producing these results. The Merri- 
mac and the Connecticut are sufficiently pure to sustain all 
the native fish in them, as well as ale wives, trout and salmon, 
the latter requiring the purest of water. Shad will thrive in 



18 FISH AND GAME. [Dec. 

any water suitable for alewives. The seines and weirs at or 
near the mouths of the rivers are permitted to destroy the 
young fish, before they have time to mature and deposit 
their spawn, without which it is self-evident that no fisheries 
can be sustained. There is nothing complicated or myste- 
rious in the diminution of our fish and game ; the land and 
the water are as capable of production as ever they were. 
The great cause of the depletion is legislation which does not 
protect, but, on the contrary, allows wholesale destruction. 

It is impossible to preserve our game against the traps 
and snares, or our inland fisheries against the use of seines 
and other contrivances permitted at or near the mouths of 
our rivers and streams. There is no business in the world 
which, if conducted on the same principles that have been 
applied to our fish and game, would not sooner or later end 
in disaster. Fortunately, the efforts to protect our lobster 
fisheries have, after a long struggle, running over a period 
of some twelve years, received the attention they deserved. 
Healthy laws have been enacted, and if the work inau- 
gurated and now well under way is allowed to be carried out, 
there appears to be no reason why complete success should 
not be secured. 

The returns show a catch of only 2,451 shad taken in 
inland waters, a decrease of 2,443 from last year. Taken in 
salt water, by pounds, weirs and gill nets, 26,895. In- 
crease of alewives, 1,915,902 ; sea-herring, 5,626,625 ; scup, 
2,804,223; squeteague, 53,754 ; mackerel, 1,701,947; tau- 
tog, 7,165;; flounders and flatfish, 175,320. Decrease of 
menhaden, 2,431,752; striped bass, 5,640; Spanish mack- 
erel, 2,318; bluefish, 158,425; eels, 18,812; other edible 
fish, 518,202. 

Total catch of lobsters, 1,292,791. Decrease, 52 men, 
4,106 traps, 319,338 large lobsters, 20,936 egg-bearing lob- 
sters. The increase per trap has been one and one-sixth 
per cent. Fifty-two men engaged in the lobster fisheries 
last year have not, up to date, made returns this year. 

Birds and Game. 
The beneficial results of protection of the game birds 
continue apparent. The increase of vermin like foxes, 



1891.] 



PUBLIC DOCUMENT — No. 25. 



19 



skunks, weasels and red squirrels is an important factor 
in reducing our game supply. The foxes and skunks are 
ground hunters, keen of scent, nocturnal in habit, and im- 
mensely destructive of ground game. 

The ruffed grouse over nearly all New England at this 
season show an almost unaccountable scarcity. The young 
birds in the early season were plenty and apparently health- 
ful, but since August 1 have been depleted. This is attribu- 
table probably to two causes : first, the invasion of ticks, 
which, once in a series of years, seems to decimate that 
bird ; and, secondly, the large increase of predatory animals. 

It is desirable that the commission be equipped with 
sufficient funds and authority to maintain game wardens or 
officers in different parts of the Commonwealth. The com- 
mission is constantly besought by individuals to enforce the 
game laws ; and in many cases it is demanded and expected 
by people that the commissioners shall take the field and 
become personal detectives to discover the various violations 
of the law. Expenditures of this kind will justify them- 
selves in this direction many times over. Respect for the 
laws protecting our fish and game is increasing. Acquaint- 
ance by the people with our purposes and desires results in 
their moral support, cheerfully given. 

We are of the opinion that a reasonable bounty, author- 
ized to be paid by the counties for the pelts or heads of 
noxious animals, would be a wise measure and productive 
of much good. The losses by farmers from these vermin 
alone would justify the payment of the bounties. In some 
of the western counties it has become almost impossible in 
some towns to raise turkeys and fowls unless constantly 
protected from the attacks of these predatory enemies. 

The following is a list of permits to take eggs and birds 
in 1891: — 



Geo. H. Mackay, 


. Boston. 


Fletcher Osgood, . . . 


. Boston. 


Sam'l Dexter, ....... 


. Boston. 


Foster H. Brackett, 


. Boston. 


C. F. Batchelder, ....... 


. Cambridge 


Wm, Brewster, . . . 


. Cambridge 


Owen Durfee, 


. Fall River. 


Arthur C. Bent, 


. Taunton. 



20 FISH AND GAME. [Dec. '91. 

Albert P. Morse (for Wellesley College), . . . Natick. 

Henry W. Marsden, Quincy. 

Geo. B. Churchill (for Worcester Natural History 

Society), Worcester. 

Horace B. Long (for Worcester Natural History 

Society), . Worcester. 

Capt. N. E. Gould, Chatham. 

C. W. Chamberlain, . Boston. 

W. W r . Colburn, Springfield. 

Robt. O. Morris, ........ Springfield. 

William J. Fisher, Amherst. 

Wm. S. Barker, Jr., Medford. 

Frank E. Coombs, Framingham. 

Dr. C. F. Hodge (for Clark University), . . . Worcester. 

Howes Norris, Jr , Cottage City. 

Harry Gordon White (U. S. Fish Commission), . . Taunton. 

J. D. Somborger, Andover. 

H. B. Davis (for Arms Academy), . Shelburne Falls. 

The work of the commission has been successfully carried 
on during the past year. It may be briefly stated that the 
fish ways have been cared for ; advice and assistance rendered 
to those who were engaged in propagating and maintaining 
fish ; 580,000 trout distributed over the State, with a loss of 
less than one per cent, in transportation ; the sea-coast 
patrolled; Buzzard's Bay protected from the depredations 
of the menhaden fishermen ; the illegal traffic in lobsters, 
carried on by vessels from other States, almost entirely 
broken up ; sixteen thousand short and egg-bearing lobsters, 
unlawfully held, captured and returned to the water alive ; 
138,000,000 lobster eggs planted in waters depleted by over- 
fishing ; and the new hatchery at Sutton nearly completed. 

During the past three years the violations of the laws for 
the protection of fish and game have been reduced ninety 
per cent. To accomplish this work, with the limited means 
at our disposal, has been no easy task. 

EDWARD A. BRACKETT, 
EDWARD H. LATHROP, 
ISAIAH C. YQTOG, 

Commissioners of Inland Fisheries and Game. 



APPENDIX 



[A.] 



LIST OF FISH COMMISSIONERS. 



The United States. 
Col Marshall McDonald, Commissioner, . Washington, D. C. 

Capt J. W. Collins, Assistant in Charge of Fisheries Division. 
Richard Rathbun, Assistant in Charge of Scientific Inquiry. 

Alabama. 
Col. D. R. Hundley, ...... Madison. 

Hon. Chas. S. G. Doster, . . ... . Prattville. 

Arizona. 

T. W. Otis, • . Prescott. 

John Howard, . Prescott. 

C. W. Stearns, Phenix. 

Arkansas. 
H. H. Rottaken, President, .... Little Rock. 
W. B. Worthen, Secretary, .... Little Rock. 

J. W. Callaway, Little Rock. 

This State has never made an appropriation for fish culture. 

Dominion of Canada. 

Hon C. H Tupper, Minister of Marine and Fisheries, Ottawa. 

Hon John Tilton, Deputy Minister, Ottawa. 

S P. Bauset, Chief Clerk, Ottawa. 

Samuel Wilmot, Superintendent of Fish Culture, Ottawa. 

Inspectors of Fisheries: J R. Kinney, Yarmouth, N. S. ; R. C Hockin, 
Pictou, N. S. ; A C. Bertram, North Sydney, N. S , J. H Pratt, St. 
Andrews, N. B ; R A. Chapman, Moncton, N. B ; D. Morrow, 
Oromocto, N. B. ; E. Hackett, Tignish, P. E. I.; W. Wakeman, 
Gaspe Basin, P. Q .., ; Thos. Mowat, New Westminster, B. C. ; Alex 
McQueen, Winnipeg, Manitoba; F. C. Gilchrist, Fort Qu'Appelle, 
N. W. T. 

Officers in Charge of Fish-breeding Establishments: S. Wilmot, Super- 
intendent of Fish Culture, Newcastle, Ont ; Chas. Wilmot, Officer 
in Charge, Newcastle hatchery, Ont. ; Wm. Parker, Sandwich, Ont. ; 
L. N Cattelier, Tadoussac, Q ; H. Davis, Gaspe, Q ; A. H. Moore, 
Magog, Q. ; Alex Mowat, Restigouche, Matapeclia, P. Q. ; A. B. 
Wilmot, Bedford, N. S. ; C A. Farquharson, Sydney, N. S. ; Isaac 
Sheasgreen, Miramichi, N. B. ; Charles McCluske}', St. John River, 
Grand Falls, N. B ; Henry Clark, Dunk River; P. E. I. ; Thomas 
Mowat, B. C. hatchery, New Westminster, B. C. 



24 



FISH AND GAME. 



[Dec, 



Newfoundland. 

Hon. A. W. Harvey, Chairman, St. Johns; M. Harvey, Secretary, St. 

Johns ; Adolph Nielson, Superintendent of Fisheries, St. Johns. 



California. 
Joseph Routier, ...... Sacramento. 

J. D. Harvey, Los Angeles. 



C. M. Joslyn, . 



San Francisco. 



Colorado. 
Gordon Land, . . . ■ . . . Denver. 

Connecticut. 

Rob't B. Chalker, Saybrook. 

James A. Bill, . Lyme. 

Win S. Downs, ...... Birmingham. 

The Shellfish Commissioners are: Dr. Wm. H. Hudson, Chairman. 
Hartford ; George C. Waldo, Bridgeport ; Bryant A. Treat, WallinglorJ. 

Delaware. 

Charles H. Shubert, Odessa. 

Dr. E. G. Shortlidge (Supt. of Hatcheries), . Wilmington. 



Georgia 



R. T. Nesbitt, .... 
Dr. H. H. Cary, Superintendent, 



Illinois 



N. K. Fairbank, President, 
S. P. Bartlett, . 
Geo. Breuning, . 



Indiana 



Col. W. T. Dennis, . 



Atlanta. 
La Grange 



Chicago. 

Quincy. 

Centralia 



Richmond. 



Iowa. 



E. D. Carlton, .... 
Ole Bjorenson, Superintendent. 



Spirit Lake. 



Kansas. 



John M. Brumbaugh, 



Concordia. 



Maine. 

E. M. Still well, 

Henry O. Stanley, . . . . . Dixfield. 

E. W. Gould, Sea and Shore Fisheries, . . Searsport. 



Bangor 



1891.] 



PUBLIC DOCUMENT — No. 25, 



25 



Maryland. 

G. W. Delawder, Oakland. 

G. R. Rider, Salisbury. 

Massachusetts. 

E. A. Brackett, Winchester. 

I. C. Young, Wellfleet. 

£. H. Lathrop, .'...... Springfield. 



Michigan. 



Hoyt Post, 


Detroit. 




Herschel Whitaker, 


Detroit. 




Joel C. Parker, M. 1)., 


Grand Rapids 




Walter D. Marks, Superintendent, . 


Paris. 




George D Mussey, Secretary, 


Detroit. 




William A. Butler, Jr., Treasurer, . 


Detroit. 




Minnesota. 






William Bird, 


Fairmont. 




Niles Carpenter, 


Rushford. 




Robert Ormsby Sweeny, President, 


Duluth. 




S. S. Watkins, Superintendent, 


W r illow Brook, St Paul 


Missouri. 






H. M. Garlichs, Chairman, 


St Joseph. 




J. L. Smith, ...... 


Jefferson. 




Edw. Cunningham, 


St. Louis. 




A. C. Garlichs, Secretary, 


. St Joseph. 




Philip Kopplin, Jr., Superintendent, 


St. Louis. 




James W. Day, Superintendent, 


St. Joseph. 





Nebraska. 

William L. May, Fremont. 

J. C. McBride, Lincoln. 

B. E. B. Kennedy, Omaha. 

M. E. O'Brien, Superintendent, . . . South Bend. 



Nevada. 

Geo. T. Mills, Carson City. 

Ernest Harris, Deputy, Carson City. 

New Hampshire. 

George W. Riddle, Manchester. 

Elliott B. Hodge, Plymouth. 

W. H. Griffin, Henniker. 

Elliott B. Hodge, Superintendent of Plymouth 

and Sunapee hatcheries, .... Plymouth. 



26 



FISH AND GAME. 



[Dec. 



William Wright, 
Frank M. Ward, 
Robt. D. Foote, . 
W. A. Newell, . 



New Jersey. 



Newark. 
Newton. 
Morristown. 
Pennsville. 



New York. 

E. G. Blackford, President, .... New York. 

L. Huntington, . New Rochelle. 

William H. Bowman, Rochester. 

A. S. Joline, . . Tottenville. 

Henry Burden, Troy. 

E. P. Doyle, Secretary, room 311, Potter Build- 
ing, New York City. 

Superintendents: Fred Mather, Cold Spring Harbor; Monroe A. Green 7 
Caledonia; E L. Marks, Fulton Chain; E. F. Boehm, Mill Creek, 
and J. G. Roberts. 

Shell-fish Commission: E. G. Blackford, Commissioner; William G. 
Ford, Engineer; J. W. Merserau, Oyster Protector, 80 Fulton Mar- 
ket, New York. Chief Game and Fish Protector, J. W. Pond, Albany 



Ohio. 

C. V. Osborn, President, . 

J. A. Henshall, Secretary, 

E. D. Potter, . 

J. H. Newton, . 

Wm. R Huntington, 

G. W. Hull, Chief Warden, 

Wm. Lantz, Superintendent of Fisheries 



Dayton. 

Cincinnati. 

Toledo. 

Newark. 

Cleveland. 

Lima 

Sandusky. 



F. C. Reed, President, 
E. P. Thompson, 
R. C. Campbell, 



Oregon. 



Clackamas. 

Portland. 

Ranier. 



Pennsylvania. 

Henry C. Ford, President, 521 Walnut Street, Philadelphia. 
James V. Long, Corresponding Secretary, 75 

Fifth Avenue, Pittsburg. 

H. C. Demuth, Secretary of Board, . . . Lancaster. 

S. B. Stilwell, Scranton. 

L. Streuber, Erie. 

W. L. Powell, Treasurer, ..... Harrisburg. 

John P. Creveling, Superintendent, . . Allentown. 

William Buller, Superintendent, . . . Corry. 



1891.] PUBLIC DOCUMENT — No. 25. 

Rhode Island. 



27 



Henry T. Root, Treasurer, 
William P. Morton, Secretary, 
J. M. K. Southwick, 



. Providence. 
. Johnston. 

. Newport. 



South Carolina. 

Hon. A. P. Butler, Columbia. 

Tennessee. 

W. W. McDowell, Memphis. 

H. H. Sneecl, Chattanooga. 

Edward D. Hicks, Nashville. 



A. Milton Musser, 



Herbert Brain ard, 
F. H. Atherton, 



Dr. J. T. Wilkins, 



Utah. 



Vermont. 



Virginia. 



Salt Lake City. 

St. Albans. 
Waterbury. 

Bridgetown. 



West Virginia. 
C. S. White, President, Romney. 



F. J. Baxter, Treasurer, . 
N. C. Prickett, Secretary, 



Wisconsin. 



The Governor, ex officio. 

Philo Dunning, President, 

C. L. Valentine, Secretary 

Mark Douglass, 

A. V. H. Carpenter, . 

Calvert Spensley, 

E. S. Miner, 

James Nevins, Superintendent 



and Treasurer 



Wyoming 



Louis Miller 



Sutton. 
Ravenswood. 



Madison. 

Jamesville. 

Melrose. 

Milwaukee. 

Mineral Point. 

Sturgeon Bay. 

Madison. 



Territory. 



Laramie. 



28 



FISH AND GAME. 



[Dec, 



[B.] 

Report of the Conference of the Fish and Game Commis- 
sioners of the Several New England States, held in Room 
A at the Massachusetts State House, Boston, Tuesday, 
November 24, the Proceedings opening at eleven a.m. 



Edward A. Brackett of Winchester, chairman of the Massachu- 
setts commission, presided. There were also present the follow- 
ing commissioners from other States : — 



Connecticut. 
James A. Bill of Lyme. 
W. S. Downs of Birmingham. 
Dr. William L. Hudson of Say 

brook. 
Robert G. Chalker of Saybrook. 

Maine. 
E. M. Stillwell of Bangor. 
Henry O. Stanley of Dixfield. 



Neiv Hampshire. 

E. B. Hodge of Plymouth. 
W. H. Grifien of Henniker. 

Vermont. 
Herbert Brainard of St. Albans. 

F. H. Atherton of Waterbury. 

Rhode Island. 
J. M. K. South wick. 



The conference was called to order by the chairman, Commis- 
sioner Brackett, of Massachusetts. 

The Chairman. Gentlemen, I will now read to you the resolve 
under which the commissioners of Massachusetts were required to 
enter into consultation with the commissioners of the other New 
England States. It is as follows : — 

[Senate No. 265.] 

Commonwealth of Massachusetts. 

In the Tear One Thousand Eight Hundred and Ninety-one. 

Resolutions Relating to the Adoption of Uniform Laws 
for the Protection of Food Fishes in the New England 
States. 

Whereas, There are great variations in the laws of Maine, New 
Hampshire, Vermont, Rhode Island, Connecticut and Massachusetts, 
regarding the protection of food fishes, and as a law the same for all 
the States herein named would be of benefit to all interested, therefore 
be it 



1891.] PUBLIC DOCUMENT — No. 25. 29 

Resolved, That the Senate and House of Representatives of the Com- 
monwealth of Massachusetts, in General Court assembled, request the 
Commissioners on Inland Fisheries and Game of the Commonwealth, to 
solicit a conference with the proper authorities of the States of Maine, 
New Hampshire, Vermont, Rhode Island and Connecticut, and urge the 
adoption of uniform laws to protect the food fishes of the States named. 

Resolved, That the Commissioners on Inland Fisheries and Game be 
and are hereby requested to report the result of their conference to the 
General Court of the year eighteen hundred and ninety-two. 

Resolved, That copies of these resolutions be forwarded to the gov- 
ernors of the States of Maine, New Hampshire, Vermont, Rhode Island 
and Connecticut. 

Gentlemen, this is the object for which this meeting is called. 
I also desire, when we are through with this particular matter, to 
discuss and interchange ideas and opinions, as a general confer- 
ence, not authoritatively and not as a matter coming directly 
under this resolve, upon other subjects connected with general 
fish culture and game. I thank you very heartily, in behalf of 
the State, for responding to the invitation that has been extended 
to you, and trust that hereafter, without any promptings from the 
Legislature, we shall have an annual meeting of the New England 
commissioners. It seems to me desirable that, in the interest 
of the objects in which we are all engaged, such conferences 
should be held. We will now proceed at once to the subject under 
discussion, and, if it be your minds, we will take up the question 
of trout. 

Commissioner Southwick. Mr. Chairman, I would say for 
myself that I do not represent the Game Law Commissioners of 
Rhode Island. It is simply as a Fish Commissioner of that State 
that I am present. 

The Chairman. This is simply a general conference. 

Commissioner Southwick. There are also two other commis- 
sioners from our State. I do not know whether they were invited 
or not. 

The Chairman. They were invited, sir. We will take up the 
subject of trout. 

Trout. 

Our law (Massachusetts) stands in this way : — 

Whoever takes a trout, land-locked salmon or lake trout between the 
first day of September and the first day of April, or buys such fish laken 
in this Commonwealth between said dates, or takes a trout, land-locked 
salmon or lake trout, with a net or salmon-pot, at any season of the 
year, shall forfeit not less than five nor more than twenty dollars for 
each fish so taken. (Public Statutes, chapter 91, section 51; Acts of 
1881, chapter 171.) 



30 FISH AND GAME. [Dec. 

Whoever sells, or offers or exposes for sale, or has in his possessions 
trout, land-locked salmon or lake trout, except alive, between the first 
day of September and the first day of April, shall forfeit, for every such 
fish taken in this Commonwealth between said dates, ten dollars ; and 
the possession of any such fish between said dates shall be prima facie 
evidence to convict. (Public Statutes, chapter 91, section 53; Acts of 
1884, chapter 171.) 

Chapter one hundred and seventy-one of the Acts of the year eighteen 
hundred and eighty four is hereby amended by adding at the end of the 
first section the words : except in the counties of Berkshire, Franklin, 
Hampshire and Hampden, where such time shall be between the first 
day of August and the first day of April, under a penalty of not less 
than ten and not more than twenty-five dollars for each and every viola- 
tion thereof; so that the section shall read as follows : " The time within 
which an}* person is forbidden to take, sell, offer or expose for sale or to 
have in his possession a trout, land-locked salmon or lake trout, by 
sections 51 and 53 of chapter 91 of the Public Statutes, shall be between 
the first clay of September and the first day of April, except in the 
counties of Berkshire, Franklin and Hampshire, where such time shall 
be between the first day of August and the first day of April, under a 
penalty of not less than ten and not more than twenty-five dollars for 
each and every violation thereof." (Acts of 1890, chapter 193.) 



I have here a few copies of the law of Massachusetts that I will 
distribute among you. They contain abstracts of our fish and 
game laws. I should be very glad to hear from any of you on 
this subject. 

Commissioner Brainard. I would state, Mr. Chairman, that 
in the State of Vermont our close season was originally from May 
1 to September 1 . We found that some of our sister States had 
a different close season, making it, as you have it now, from April 
1 to September 1, and we found it furnished quite an inducement 
to people to fish through the ice. We have a great many ponds in 
Vermont that are frozen over in April ; and we found that, by 
making the open season from April 1 to August 1, the people 
would go onto the ice, fish through the ice, and in that way catch 
a good many trout, — in fact, almost deplete the waters. The fish 
had been there all winter. When the bright sun came out in the 
middle of the day, the fish would come to the holes and would con- 
gregate in these holes. The people would take them out by 
thousands. Hence we had the law amended, so that it now reads 
from May 1 to September 1. We should have lost all of our trout 
if we had not done so. 

Commissioner Hodge. Mr. Chairman , speaking for New Hamp- 
shire, I can say that we find the same difficulty arising there. Our 
law for many years was from May 1 to September 30, for the 



1891.] PUBLIC DOCUMENT — No. 25. 31 

open season. Unfortunately, at the last session of our Legislature 
a bill was, to use a word sometimes employed up in the Granite 
State, " squirreled" through in the last days of the session, when 
everything was in confusion, changing the laws that we had found 
to work satisfactorily, and making our close season from September 
15 to April 15. Now we find the same trouble that my friend 
from Vermont found. Our mountain ponds at that season of the 
year, April 15, are covered with ice from one to two and a half 
feet thick. Last season hundreds of trout were taken through the 
ice, — I won't say illegally, because the law allowed it, but in an 
unsportsmanlike manner ; and, unless we can place our law back 
to May 1, it means destruction to our trout fishing in all of our 
mountain ponds. I know that a strong effort will be made, and I 
have no doubt it will succeed, and that we shall place our law, at 
the next session of the Legislature, where it was before. We had 
the old law upon our statute books ten years, and found it worked 
satisfactorily. While October 1 was rather late, still we did not 
find much trouble from that. The reason why the open season was 
kept up to October 1 was this : Many of our sportsmen wished to 
go into our northern woods for the deer hunting at that season of 
the year. They also liked to change their bill of fare to a little 
mess of trout once in a while. There was no fishing to any extent 
done in our ponds during the month of September, except by the 
few sportsmen who were on their annual trips to our woods after 
deer. As I said before, a strong effort will be made to change our 
law from April 15 to May 1. That is early enough for us, and in 
reality it is too early. For my own part, I should rather see it 
May 15 than May 1. 

The Chairman. Dr. Hudson, how is it in regard to Connecticut? 

Commissioner Hudson. I was going to say, gentlemen, that I 
suppose you are well aware that I am not a fish commissioner ; I 
am a shell-fish commissioner only. I will say that our law varies 
entirely from yours in regard to trout. Our law only allows the 
taking of trout between April 1 and July 1. The reason for that 
is found in the fact that our streams get very low in the summer, 
and nearly dry up ; and it was found, under the old system, that 
trout were taken by little nets in the holes where they accumulated 
in the dry weather. So now for a number of years our law has 
remained April 1 to July 1. Every time an attempt has been 
made to change it, as has been done at almost every session of the 
Legislature, the same men, men who are satisfied that the present 
law is for the best interest of both the State and the anglers, go up 
in a body and insist on the law remaining as it is. We also have 
■a law, as I presume all of you have, that no trout shall be sold 



32 FISH AND GAME. [Dec. 

under six inches in length. If a man take a trout under six inches 
in length, he may possibly eat it, but he cannot sell it. 

Commissioner Brainard. In Vermont one cannot take such a 
trout without being liable to a fine. 

The Chairman. There has been more or less effort to have 
such a law in Massachusetts, and I think one should be enacted. 
A trout six inches long is a very small trout. 

Commissioner Hodge. Our limit in New Hampshire is five 
inches, which is altogether too small, although I had a hard fight 
to get even that limit established. The argument I used before 
the committee was what you might call a " knock-down one.' 
Instead of making a speech, I took three trout and a pair of 
scales before the committee. These trout were four, five and six 
inches long. I asked the committee to estimate the weight of the 
four-inch trout, which was given as from one to two ounces by 
the whole committee. The actual weight of a four-inch trout from 
our mountain streams is just one quarter of an ounce ; of a five- 
inch trout one half an ounce, and of a six-inch trout one ounce. 

The Chairman. Do any of the Connecticut commissioners- 
desire to say anything further on this subject? 

Commissioner Downs. I think our law (Connecticut) provides 
for a six-inch trout. It is unlawful to have them in our posses- 
sion, without regard to eating or anything else. 

Commissioner Hudson. No ; they can eat them, but they cannot 
sell them. If our seasons continue as they have been for the past 
few years, having such a late fall every season and such a very 
late spring, it may be that we will have to change the law, and 
make it later even than April 1 . For several seasons we have had 
a late fall and open weather following, and in the spring time it 
has been very close and cold up to April 1. Some people believe, 
if the seasons continue so late that the brooks are frozen up and 
coated with ice, it would be better to change the law. There has 
been for the last two or three years a movement to change it 
practically to April 15. It is not much use fishing in Connecticut 
after July 1, because the streams get so low. The trout fishing in 
Connecticut has been excellent for two or three years. 

Commissioner Downs. The last two seasons — we have had 
two wet summers — there has been extra good fishing. 

The Chairman. I suppose it is the same in Connecticut as in 
other New England States ; you have your good and your bad 
seasons. 

Commissioner Downs. I suppose all the States provide that 
trout shall be taken with the hook? That is, they don't allow any 
dynamite, nets, or anything of that kind? 



1891.] PUBLIC DOCUMENT — No. 25. 33 

The Chairman. Yes, sir. 

Commissioner Downs. I should think a dry season would have 
a very bad effect on the fish that were planted the previous spring. 

Commissioner Hudson. It seems to me obvious, Mr. Chairman, 
that the State of Maine could not well have the same laws in 
regard to the taking of trout as the State of Connecticut or Rhode 
Island. Trout fishing is a very important industry there. An 
immense quantity of money is brought into the State by sports- 
men, and the State has such efficient fish commissioners that they 
manage to do the settling up without any regard to how many fish 
the sportsmen take. I should like to hear from Mr. Stillwell. 

Commissioner Hodge. I do not think there is as much impor- 
tance attached to the close season as the open. At the close of 
the season there is very little attention paid -to the capturing of 
trout in our State. I suppose it is the same throughout New 
England. 

The Chairman. It is the same here. 

Commissioner Hodge. But it does seem to me as though we 
might have a uniform law in New England for the opening day* 
1 know you have a different opening day in your State (Massachu- 
setts) than we do in New Hampshire, but your trout would only 
be the better if your season opened later. 

The Chairman. The trouting fever takes possession of our 
sportsmen early in the season, but generally passes off with the 
hot weather, except with those who go farther north. 

Commissioner Hudson. I would say that I had quite a con- 
versation with Mr. Stillwell on these matters last evening. He 
said that the laws of Maine were just right, and that, if any other 
States wished to adopt them, it would be perfectly satisfactory to 
them. 

Commissioner Stillwell. Our laws are well adapted to our 
people. We have obtained them by hard fighting. We are a 
border State, and are fighting all the time. I question whether 
our laws would do for you. You do not understand border war- 
fare as well as we do. 

The Chairman. Will you be good enough to state what your 
law on trout is ? 

Commissioner Stillwell. The close season is from October 1 
to May 1 . 

Commissioner Stanley. Except for citizens of the State. 
Citizens of the State may fish from February until May at their 
homes. 

Commissioner Stillwell. But during that time and all through 
the year we have to fight the users of nets and dynamite. 



34 FISH AND GAME. [Dec. 

Commissioner Stanley. There is no fishing in Maine before the 
middle of May. 

Commissioner Downs. Fishing in Connecticut is almost entirely 
in streams, — in small streams, too. We have no lakes to speak 
of. In Maine, Vermont and New Hampshire, when the sportsmen 
begin to fish, it is in the lakes and ponds, and is vastly different 
from the fishing we have. Our fishing is when the streams are 
high, in the spring of the year. We do not have many sportsmen 
who come from outside. In fact, most of the fishing in the State 
of Connecticut is done a day at a time, whereas in other New 
England States, where there are fishing lakes and fishing, ponds, a 
man spends one or more weeks, as he can find time ; and the 
Connecticut laws for trout fishing must necessarily be very 
different from those of other States. Our fishing is likely to be 
local, by people who live within ten or fifteen miles of a trout 
stream, and go and fish one day. 

Commissioner Hudson. I do not wish to convey the idea that 
there are no outsiders. There are people who come from New 
York. 

Commissioner Downs. They come for one or two days, and 
that is all. They do not fish in the same place for those two days ; 
but in one stream one day and another stream the next. In July 
or August they go to Vermont, Maine or Canada, and put in two 
weeks. Our fishing, so far as trout is concerned, is local. A 
man goes out in the right part of a day, and if he gets eight or ten 
trout he does well. 

The Chairman. What amount of money do you estimate is 
brought into Maine by tourists during the fishing and shooting 
season, Mr. Stillwell? 

Commissioner Stillwell. It is estimated by millions. 

The Chairman. How about New Hampshire, Mr. Hodge? 

Commissioner Hodge. I cannot speak as to the amount. We 
consider that our fishing and shooting is one of the greatest 
inducements that we can offer summer visitors. It is well known 
that the amount of money brought into New Hampshire by tourists 
runs way into the millions every year. This our people all admit. 

Commissioner Stillwell. I said to the superintendent of one 
of our largest railroads, " If I should put some powder into Moose- 
head Lake that would exterminate all the fish, what would be the 
result?" He replied, "Mr. Stillwell, we should have to stop 
running our road." 

The Chairman. Mr. Hodge, how many hatching houses for the 
propagation of fish have you in New Hampshire? 

Commissioner Hodge. We have six hatcheries now in operation, 



1891.] PUBLIC DOCUMENT — No. 25. 35 

and an appropriation standing on the books at the State House for 
another one. 

The Chairman. Mr. Still well, how many hatcheries have you 
in Maine ? 

Commissioner Still well. We have four or five run by the 
State. We pay for ours out of the appropriation. We have the 
eggs ourselves. Then we have intimate connection with the 
United States hatcheries. For instance, this year we have eighty 
thousand salmon, boarded by the United States. We have trans- 
ported those salmon twenty miles, at a loss of only sixteen thou- 
sand out of eighty thousand. 

The Chairman. How many did you carry in a can? 

Commissioner Still well. Fishes of that size we could not 
carry more than two hundred. But spring-hatched fish, little fish, 
we could take four thousand or five thousand and transport them 
fifty or one hundred miles with ice, etc. 

The Chairman. Has Rhode Island anything to offer in regard 
to trout laws ? 

Commissioner Southwick. I can say very little in regard to 
trout in Rhode Island. We unfortunately have not many trout 
streams. We have two or three hatcheries that are being quite 
successfully carried on by private individuals, but none by the 
State. The fish are planted in some of the rivers and ponds of 
the State. 

Commissioner Stanley. You asked how many hatcheries we 
have, Mr. Brackett, in Maine. We have eight. 

The Chairman. Those are paid for by the State? 

Commissioner Stanley. No, sir ; some of them are paid for by 
private parties and clubs. 

The Chairman. The State has how many of its own? 

Commissioner Stanley. The State ow r ns six that are run 
independent of clubs. 

Commissioner Still well. Our State has temporary, tumble- 
down affairs, built at small expense and devoted to hatching. 
There is one point I might mention. There are two classes of fish 
raised in our State, — those fed on liver and lights ground up fine, 
and those fed on maggots from spoiled meat. . Those fed upon 
maggots are larger than those fed upon liver and lights, perhaps 
one-third or one-quarter larger ; they grow more rapidly and seem 
to be lustier fish. It is not a very charming industry, the breeding 
of these maggots for this purpose, but the fish grow very rapidly 
when thus fed. They are carefully preserved, these flies, the 
blue-bottle flies that we all seek so to kill. We have to watch 
the male and female flies as carefully as if they were blooded 



36 FISH AND GAME. [Dec. 

stock. As fish food there is nothing equal to the maggot. The 
lights we boil first, in order to have them ground into pulp. 

The Chairman. Does any one wish to say anything more in 
regard to trout? If not, we will take up the subject of shad. Is 
there anything to be said, gentlemen, upon the subject of shad? 

Shad. 

Commissioner Hudson. You live on the Merrimac, Mr. Chair- 
man ; how is it there as to shad ? 

The Chairman. They are disappearing, growing less in all 
waters south of the Merrimac. How are the shad in Maine, Mr. 
Stillwell? 

Commissioner Stillwell. There is but little in regard to shad 
worth mentioning or trespassing upon your time with. Mr. Mather 
has written us from year to year, and asked whether we have met 
with any success in passing shad through our fishways. Up to last 
year we had to state that we had never known shad to pass through 
our fishways. But this last year some very large shad were found 
in the fishway at Bangor. As some changes have taken place in 
this fishway, in the lower compartments, letting in some light and 
bottoming it with stone, we attribute the passage of the fish to that 
change. Eight very large shad were seen in the upper compart- 
ments of the fishway this last year. They were not timid at all, 
and they passed through and ascended the river. Some very large 
shad have been taken above the Bangor fishway. That is all our 
experience for the last year or two, worth relating. 

The Chairman. What are the laws of Maine in regard to tak- 
ing shad ? Are there any changes ? 

Commissioner Stillwell. There is nothing but the same old 
law. 

Commissioner Southwick. I have heard of one quite interest- 
ing phenomenon, perhaps not generally known in relation to shad. 
There were six hundred large roe shad taken in the Chesapeake in 
a week during this month, — something unknown before in the 
history of the country. 

The Chairman. They probably were fish on their way towards 
the spawning grounds. 

Commissioner Southwick. I do not know. This was on the 
Virginia shore. 

The Chairman. Now, in regard to salmon. 

Salmon. 

Commissioner Stillwell. I have nothing new in regard to 
salmon to report 



1891.] PUBLIC DOCUMENT — No. 25. 37 

The Chairman. Dr. Hudson, what are the laws in regard to 
the taking of salmon in the Connecticut River? 

Commissioner Hudson. The great run of salmon in the Con- 
necticut River was in 1878. Before the United States Fish Com- 
mission was formed, the commissioners of Massachusetts, Maine 
and Connecticut, — I have forgotten whether, in the very early 
part of it, the other New England States were connected with us, 
but they were afterward, — had an arrangement whereby we pur- 
chased our young salmon in Canada of Commissioner Wilmot. 
Finally we thought we could raise our own fish; and Massachu- 
setts, New Hampshire, Vermont and Connecticut combined to 
make a grand club on the Connecticut River. 

The Chairman. Those eggs were taken from Bucksport? 

Commissioner Hudson. Those eggs were taken from Bucks- 
port. We put about one million young fish into the tributaries of 
the Connecticut River. We were confident that the mature fish 
would return, because we had heard of the young ones more or 
less during the intervening years ; and four years later, in 1878, 
we tried very hard to have a law passed by the Connecticut Legis- 
lature protecting these salmon. But we were ridiculed, were told 
that the thing was an absolute farce, that there never would be 
another salmon seen in the Connecticut ; and nobody paid any 
attention to our request. Soon after that I had record of about 
five hundred full-grown salmon taken. They were considered 
great prizes, and were sold in the New York and Boston markets 
at a dollar a pound. From that time on a few salmon have been 
taken in the Connecticut River, but there never has been any great 
run since. 

The Chairman. It is, in your judgment, a fact, then, that the 
plant made in the Connecticut River was successful so far as the 
action of the commissioners was concerned, but the fishermen 
destroyed the plant. 

Commissioner Hudson. There is no question about that, I think. 

Commissioner Downs. We caught two in our river a couple of 
years ago, — one weighing sixteen pounds, and one twenty. 

The Chairman. Your law does not prohibit taking salmon. 

Commissioner Downs. I think not, no ; they are so few and 
far between. The fishermen at the mouth of the Connecticut River 
now take quite a number of salmon in their nets. Last spring 
there were quite a number captured that I saw myself. 

The Chairman. From your knowledge and experience, Dr. 
Hudson, in regard to the planting of salmon in the Connecticut, 
do you understand that, if they had been let alone, the river would 
have been stocked with them ? 



38 FISH AND GAME. [Dec. 

Commissioner Hudson. Well, that is another thing entirely, 
because the question immediately arises, What would have become 
of them if none had been caught? The water is not cool enough 
there for them to breed. Unless they could find some breeding 
streams, they would all die out in the Connecticut, as they would 
anywhere else. 

The Chairman. They pass over the fishway at Lawrence with- 
out any difficult} 7 . 

Commissioner Hodge. Is it not a fact that salmon have been 
seen almost every year as far up as Bellows Falls ? 

Commissioner Hudson. I was not aware of it ; it may be so. 

Commissioner Hodge. It has been so reported to me. 

Commissioner Downs. Isn't there some difference in the loca- 
tion of the fishway at Lawrence and in the others ? 

The Chairman. Yes, a difference only in the mouths of the 
fishways. All kinds of fish pass up the Merrimac River without 
any difficulty. I would say here, gentlemen, that the owners of 
the dam, or the board of directors of the Holyoke company, 
informed me that in the course of a year or two they were going 
to build a stone dam across the river. They came to me to know 
about fishways, and said that at the proper time they would build 
a fishway into the stone dam in such a way that the mouth of it 
would be near the dam. I have their assurance that such will be 
the case. There may be a chance still to open the river for shad. 
In that case it would be proper. Undoubtedly shad would go over 
if the fishway were built into the dam, running up stream, and the 
end of it coming out near the dam. 

Commissioner Downs. There was some gentleman, my impres- 
sion is that he was from New Hampshire, who wrote quite an 
article recently on the fishways at Lawrence and Holyoke ; and, as 
near as I can remember, his conclusion was that the mouth of the 
fishway at Holyoke was in such a position that it was impossible 
for the shad to find it. 

The Chairman. There is undoubtedly some truth in that. 
As the dam at Holyoke is located, it is impossible to make the 
fishway turn back to the extent we turn it back at Lawrence. I 
put in the fishway at Lawrence against the judgment of the 
engineers, who said it would not be likely to stand. It has stood 
perfectly. Now, if there is nothing further to be said on this 
subject, I should like the opinion of the different commissioners in 
regard to the passage of a law enabling people who breed trout to 
sell them at seasons of the year when their sale is prohibited by 
law. What, in your opinion, would be its result upon the propa- 
gation of trout, and the cultivation of trout in wild streams ? Mr. 
Hodge, will you give us your opinion? 



1891.] PUBLIC DOCUMENT — No. 25. 39 

Commissioner Hodge. I regard this as an important subject. 
I understand such a law will be asked for in this State and in New 
Hampshire at our next session. I do not, for my part, see any 
way in which such a law can be placed upon our statute books 
without annulling the protection we now give to brook trout. I 
understand that one of the breeders in this State proposes to tag 
the cultivated trout. I do not understand in what way that can 
be done so as to afford any protection, or so as to prohibit any one 
else from attaching those tags to wild trout. Perhaps there are 
none of us here present but can tell at a glance a wild from a 
cultivated trout. But how many people are there in the State who 
can do that? It is almost an impossibility for any ordinary man 
to distinguish between the two ; and, with such a law as is pro- 
posed, it would be opening the doors wide, and any person could 
take a wild trout and sell it for a cultivated trout. I see no way 
to prevent such a result. I know that, so far as we in New 
Hampshire are concerned, we shall fight that bill if it is presented. 
No doubt we can easily defeat it in New Hampshire, and I hope 
the same will be done elsewhere. 

The Chairman. Our law forbids the sale of trout before April 
1, but says that people who cultivate or maintain trout may take 
them how and when they please, but shall not offer them for sale 
for food during the time they are prohibited by law. Now, the 
word " maintain " covers a very large ground. There are two 
ways in which trout may be increased. One is by artificial propa- 
gation, the other is by increase in the natural way. In other 
words, you have a stream on which you post a notice forbidding 
people fishing on it. You have a right to do so. By the laws of 
Massachusetts you may allow fish to increase in it. You are 
maintaining them. You may take them and sell them during the 
open season. What is to be gained by this change of law? All 
States adjoining that are raising trout could throw them into our 
market. If no change is made in the Other States, of course all 
persons who cultivate trout in other States could send them to our 
markets. It would become a dumping ground, and prices would 
go clown. I can see no way, if this law is passed, to protect trout 
in the streams. It is desirable that the commissioners should 
express themselves freely on this question, because it has its 
relations to uniform laws. 

Commissioner Southwick. It seems to me that it is of the 
utmost importance that every encouragement possible should be 
given to those who propagate fish. It seems to me that every 
encouragement possible should be given to those who, upon their 
own land, cultivate fish roes for increase, for the purpose of put- 



40 FISH AND GAME. [Dec. 

ting into streams and other waters ; and it strikes me as being a 
very arbitrary law that seeks to prevent a man from selling what 
he raises on his own domain. If he catches them in public waters, 
it is perhaps a different thing. Besides that, it seems to be abso- 
lutely essential for propagation that there should be no such law. 
If parties are going to be discouraged from raising trout, they will 
hardly want to go into the business ; and the more there are in the 
business the better it pays, and if it appears very profitable, so 
much the better. We in Rhode Island are perhaps much less 
interested in land fisheries than all the other States, yet we have 
within our borders three or four trout hatcheries. I believe one of 
the most successful devices for raising trout is being matured 
there, and that it will prove an eminent success, from what I know 
of it, in the propagation of trout. The party claims that he can 
produce more trout from the same number of eggs than by any 
other process that has been evolved. 

Commissioner Hudson. What is it, — the Hoxie process? 

Commissioner Southwick. Yes, Hoxie. I think, from what I 
know of his plans, it will prove a success. But the idea of pre- 
venting a man from selling what he raises on his own ground, — 
I don't think the State has any right to interfere. I think I have 
the right to raise what I please on my own land, and I do not know 
the right of any law to interpose. I have a right to give away or 
sell the trout. I do so with everything else. 

The Chairman. You understand that this matter does not pre- 
vent the sale of trout. It simply prevents the sale of them during 
such seasons as the sale is prohibited by law. 

Commissioner Southwick. I understand. Well, if it can be 
done at certain periods, it can be done during the whole year. 

The Chairman. The question is, how the trout in wild streams 
can be protected under such a law. 

Commissioner Southwick. I see. the point. 

Commissioner Brainard. I agree perfectly with the gentleman 
from Rhode Island in regard to protecting home industries, so 
far as individual interest does not interfere with the public interest. 
Now, a man, he says, should have the right to buy and sell or 
raise and sell for his own benefit and own pecuniary advantage. 
That is true to a certain extent. But this allowing a man to sell his 
own trout raised in his own private streams or ponds is only opening 
the bar for a man to come forward, and, under cover of being a 
raiser of trout, to throw onto the market during the close season our 
wild trout, and there is no way of detecting them at all. This matter 
of tagging them is all bosh. As Mr. Hodge says, if the tags are 
held by any State officer to be distributed, he can represent that 



1891.] PUBLIC DOCUMENT — No. 25. 41 

he is a trout raiser, and he can get a certain number of such tags ; 
he can go to a wild stream, — he may have a little pond of his 
own at home, — he can go to our State waters and take out what 
trout he pleases. I do not believe in allowing any private indi- 
viduals to have advantages that are going to be a detriment to the 
general public. 

Commissioner Southwick. By the Hoxie process I believe they 
produce more trout than they would otherwise produce in the whole 
State without it. Inasmuch as they do that, they are public bene- 
factors, and should be encouraged by every means possible. I 
still believe that we could sell a half more trout than we should 
by prohibiting the sale of them, or by making the business so 
unprofitable that it could not be continued. 

Commissioner Stanley. Mr. Chairman, the matter that you 
speak of in regard t@ the propagation of trout does not really 
affect any one in our State (Maine), for there is no one who prop- 
agates them for the market. But, if you open your market here 
in Massachusetts for the sale of trout, there are hundreds in Maine 
that would smuggle trout through to your market, and I think 
it would be a great damage. We have taken pains to make our 
laws so as to protect game and fish in every State in the nation. 
We do not allow the selling of a prairie chicken in Maine, although 
there are none there. It is so with all our fish and game. We try 
to have them protected not only in our own State but in others as 
well. It seems to me that if you open this market you will find 
trout from Maine coming in here for sale. The matter of the wild 
fish in our streams, — why, the wild fish in our streams are worth 
ten thousand of the fish that are propagated for market. 

There is plenty of open time for the sale of those fish. In 
February and March trout are not in good condition for sale. I 
do not think trout fit to eat before May or June. That is the 
proper time to sell them. 

Commissioner Hudson. This question brings up the whole mat- 
ter of the ferce naturce. If a man raises chickens, we do not 
expect to say he shall not sell those chickens at any time of the 
year he pleases. If a man has a little spring or a large spring, 
perhaps holding a certain number of trout which he has put there, 
raised them exactly as he would so many chickens, from their birth 
up to four or five pounds in weight, — under such circumstances it 
seems to me a pretty difficult thing to say that he shall not sell 
those trout when he wants to. On the other hand, if he has got a 
stream that runs through a certain lot where the trout are wild, so 
to speak, then I can conceive how you can control those trout. 

Commissioner Southwick. Chickens are now brought up as an 



42 FISH AND GAME. [Dec. 

example. Private individuals raise chickens. The public do not. 
We do not have wild chickens, and there is no necessity for pro- 
tecting them. A man raises chickens for his own private conven- 
ience, but none are raised by the State. The State goes to no 
expense in regard to the raising of chickens. But the matter of 
fish affects every citizen in the State ; and, if a man is allowed to 
sell his fish in the market, of course he injures thousands where he 
benefits one. 

Commissioner Hudson. I didn't happen to be here at the open- 
ing of the conference, and so did not hear the resolution read ; but, 
as I infer, it is for the purpose of preventing any man selling trout 
out of season, whether alive or dead or any other way. 

The Chairman. The law now is that any person can engage in 
the artificial cultivation or maintenance of trout, may take them 
when and how he pleases, but shall not offer them for sale during 
the time that they are prohibited by law. 

Commissioner Hudson. I see. 

The Chairman. Now, the point that would be likely to be 
brought up is this ; that certain parties representing a very small 
industry want that law changed so they can sell their trout as they 
please, — in other words, two months earlier in many States. The 
State is stocking the streams with trout ; and the question is, 
whether the passage of such a law would not be utterly ruinous to 
the trout fisheries of the State. That is the question. 

Commissioner Downs. I think there is one other point in refer- 
ence to what Commissioner Hudson said about a man who has a 
pond with trout in it. The man who has this pond and has these 
trout got them when the law was so he could not sell them. He 
knew when he bought them that he could not sell them. Now he 
has reared them, he wants the law changed to fit him. If you let 
the bars down there, next year he will want the privilege of leas- 
ing his premises to Tom, Dick or Harry, to fish in his waters and 
take the trout out. You cannot draw the line. If you let the bars 
down once, you have opened them forever. If another man wants 
a special law, you will have to give it to him. It is special legisla- 
tion for the benefit of a very few men. 

Commissioner Hudson. I am most thoroughly in sympathy with 
all the other gentlemen. It is only a question of methods. 

Commissioner Downs. It does not affect us in any way, so far 
as we are concerned. But, if a few other gentlemen come along 
next year and want a similar privilege, how are you going to refuse 
them? 

Commissioner Stilwell. A peculiar feature bearing on this 
case presented itself last year in Maine. A certain company pur- 



1891.] PUBLIC DOCUMENT — No. 25. 43 

chased a little island called Petit Menan, and enclosed it with very 
expensive wire fences. They advertised for live deer, and set 
every poacher in Maine on the qui vive to catch our deer in close 
time and sell them to this company. 

Commissioner Hudson. Did they advertise for this in close 
time? 

Mr. Stilwell. Yes. There are three lots staked out in the 
vicinity of this property of Petit Menan, very desirable places for 
summer residences ; and they supposed they could have deer shoot- 
ing in close time. But the commissioners were obliged to say to 
these gentlemen, "if we catch you with a haunch of venison out- 
side of the gates of Petit Menan, we shall arrest you." This 
same question comes up again, and it is always presenting itself 
where a person has a private pond. You may have a private pond 
if you please, you may spear your fish, net your fish, kill them 
with dynamite if you please on your own premises, — it is all your 
own ; but don't you take them outside of your gate ; don't you go 
out into the town that belongs to the State of Maine. If you 
do, you must submit to the laws of the State of Maine. We are 
running against such cases all the time. Persons will come upon 
the borders of the State of Maine in close time, and advertise to 
give fifty dollars apiece for a live deer. One of the greatest nui- 
sances we labor under is this continuous tempting of our citizens 
to poach. 

Commissioner Downs. Does not Mr. Hoxie of Rhode Island 
sell a large proportion of his trout outside of the State ? 

Commissioner Southwick. I presume he does. 

Commissioner Downs. I see he advertises in most of the sports- 
men's papers. I have an idea he raised his trout to sell outside of 
the State. 

The Chairman. It seems to me that, if such a law should be 
passed by the State of Massachusetts, it would be at variance with 
the laws of the other New England States, and Massachusetts 
would become the dumping ground of all the other States for trout, 
just the same as it is now for game ; and, as a result, every one of 
the States outside of Massachusetts would at all times and all 
seasons send trout to this market knowing there was a market for 
them here, and no law to prevent it. 

Commissioner Stilwell. If you can protect us, gentlemen, 
in your market here in Massachusetts, it will save us a great deal 
of annoyance. We protect the Western States by prohibiting the 
importation of prairie chicken. We do not allow a prairie chicken 
(pinnated grouse) to be sold in the State of Maine during the close 
time. We do not allow quail killed in Massachusetts to be sold 



44 FISH AND GAME. [Dec. 

in Maine. If found, we immediately seize them. There is an 
inducement for poachers in Maine. Everything that is poached in 
Maine comes to Boston. As I said, we immediately seize quail 
shipped from Massachusetts if found in Maine, and prosecute the 
parties selling them. I do not think it is in your power to stop 
this thing, but I wish it were. 

The Chairman. We have endeavored to remedy this. This 
difficulty arises just as my friend from Rhode Island states. A 
man says, t; Why can't we buy game while it is in season, put it 
into our store-houses and sell it when we please? It is ours, 
irrespective of the law." These cold store-houses are the diffi- 
culty. 

Commissioner Stilwell. It is a hard question to meet. 

The Chairman. It is one of those things which, in my judg- 
ment, requires a great deal of thought ; and, the bars once let 
down, is liable to ruin the game laws. 

Commissioner Hudson. A question very much akin to this has 
just been decided by the supreme court of Connecticut. It was in 
regard to some porgies sent from Norwich to New York. The 
law-breakers said they bought the porgies at a time when it was 
legal to take them ; that they were merchandise, like everything 
else, and that they could send and sell them wherever they pleased. 
The matter was carried to the supreme court, and the supreme 
court sustained the law ; exactly opposite from the Kansas supreme 
court, which took another view with regard to prairie chickens 
(pinnated grouse). The Connecticut court said that as long as 
the State unquestionably had control of its game, it could control 
the killing of game, and it could also control the disposition of 
game ; and, if the State of Connecticut chose to pass a law that 
game should not be sent out of the State, it was constitutional and 
good law. 

The Chairman. I am very glad to hear that, because Massa- 
chusetts has passed a law against the transportation of game ; and 
we should be very glad, Mr. Stilwell, if it were possible, to pre- 
vent your poachers finding a market in the State of Massachusetts. 
We have done what we possibly could to prevent it, and we shall 
continue to do so as long as we are in office. We sympathize 
thoroughly with the difficulty you labor under. 

Commissioner Southwick. I would say, Mr. Chairman, that I 
did not intend to represent the breeders of trout when I spoke in 
regard to trout. I spoke upon general principles. I have never 
discussed this question at all with the breeders of trout, and I do 
not know their mind about it. I do not know whether they want 
to sell them during that time or not. 



1891.] PUBLIC DOCUMENT — No. 25. 45 

The Chairman. Is there anything further to be said on that 
subject? Now, gentlemen, before we go any further, in order that 
I may not forget it, I would like to suggest to the commissioners 
of the New England States who are present here, that we have an 
annual meeting, for the purpose of discussing questions pertaining 
to fish and game. We should be very glad to co-operate with you, 
gentlemen, if you so desire ; and I think much benefit might be 
derived from such intercourse. 

Commissioner Hudson. I have been on the Connecticut com- 
mission a great many years. One of the pleasantest duties we 
have performed has been our annual gathering here at the State 
House ; and I think the commissioners generally made it a point, 
if possible, to be here. It was not only very agreeable, but it was 
also instructive and for the best interests of our several States. 
The State of Connecticut, when it appointed its fish commissioners, 
especially provided that, among their other duties, they should 
consult with the commissioners of other States. 

The Chairman. That was the case in regard to Massachusetts. 

Commissioner Hodge. It is also the case in New Hampshire. 

The Chairman. As far as my judgment goes, I think no part 
of the duties are more profitable than an interchange of ideas. If 
there is no other subject which you desire to discuss, I should like 
to refer to the subject of lobsters. I understand that there are 
members present from States where no lobsters are propagated ; 
but it is an. important industry in Maine, New Hampshire, and I 
suppose somewhat in Rhode Island. 

Commissioner Hudson. Yes, and Connecticut, too. If you 
will excuse me a moment, I would like to say that one of the pro- 
visions in our statutes says, "The governor shall appoint two 
persons to be shell-fish commissioners, who shall confer with the 
fish commissioners of the New England States." That is the 
reason I came here. 

Commissioner Hodge. I move that we have an annual meeting, 
wherever it may be most convenient to the commissioners, for the 
purpose of talking over matters of interest to our different States 
in regard to the cultivation, propagation and protection of our fish 
and game. 

Commissioner Hudson. I would suggest, to those who met here 
years ago, and recollect how exceedingly interesting it was to have 
Mr. Atkins here, — formerly fish commissioner of Maine, a practical 
fish breeder, and one of the most intelligent and successful breed- 
ers, — that he be included. 

A motion to this effect prevailed unanimously. 



46 FISH AND GAME. [Dec. 

The Chairman. Now, gentlemen, where shall the meeting be 
called ? 

It was unanimously voted that the annual meetings be called, 
until further action, in the city of Boston, at the State House, at 
such time as the chairman may decide on, and that the meetings be 
called by the chairman of the Massachusetts commission. At the 
suggestion of Chairman Brackett, it was also voted that he be given 
authority to invite ex-commissioners and such persons in New 
England as are interested in fish and game protection, and all per- 
sons who would be likely to impart information to the meeting. 

Lobsters. 
The Chairman. I have brought up the question of lobsters. I 
am well aware, Mr. Stilwell, that our State has become the 
dumping ground, to a considerable extent, for illegal lobsters from 
your State. We are doing all we can to prevent it. The law of 
Massachusetts, as it now stands, forbids the taking or possession 
of any lobster less than ten and one-half inches in length. It also 
prohibits, the year round, the possession of any egg-bearing 
lobster, under a fine of from ten dollars to one hundred dollars, or 
three months' imprisonment. The result of that law has been 
very remarkable. It has been in force only two years, but our 
shores are swarming with small lobsters. We have a system of 
patrols from one end of the coast to the other, stopping the carry- 
ing of lobsters to New London, New York and other places where 
they have been smuggled. We have this year planted upon the 
coast one hundred and thirty-eight million lobster eggs. Certain 
parties have resorted to every possible means to evade the law. 
The last trick devised to evade the law was to put into cars — 
which fishermen are obliged to have marked — salable market 
lobsters. You go to the cars and look around, and everything is 
apparently all right. But you look around still further, and some 
distance off you will see a little chip floating on the water. If you 
watch it you will find that it doesn't move much. If you take hold 
of the chip, you will find a string attached to it. If you pull up 
the string, you will find at the end of it a car with from one hun- 
dred to one hundred and fifty egg-bearing lobsters, as well as 
short lobsters. We captured fourteen thousand seven hundred 
such lobsters in three weeks, for which no owners could be found. 
Smacks would come on from New York, would load with marketable 
lobsters, and just at night these cars attached to the chip would be 
pulled up and taken aboard. We have broken up the traffic of all 
the smacks except one. There is one that runs to No Man's Land 



1891.] PUBLIC DOCUMENT — No. 25. 47 

which is very difficult to break up, for this reason : it is out at sea, 
and with a perfect bird's-eye view all around, a smack would come 
up there and load with marketable lobsters, wait until every- 
thing was clear, hustle on the others, start, and get three miles 
out from the shore before we could reach them with a steamer. 
We shall, however, do something to stop this. In regard to the 
illegal lobsters that were sold here, we have nearly broken up the 
sale. Perhaps no law in Massachusetts is at present more thor- 
oughly enforced than the lobster law. Lobsters pass from your 
State (Maine) through this State in transportation. There are 
any quantity of short lobsters in barrels that are in transit through 
the State that we cannot touch.* 

Commissioner Stilwell. I regret that our coast commissioner 
is not here. He is a very effective and energetic man. 

The Chairman. I judge so, from some things I have heard. 

Commissioner Stilwell. He is doing a fine work. We are 
fully aware of the assistance that Massachusetts is extending to 
us. It is hard to fight against New York. 

The Chairman. I will say further that we (Massachusetts) 
have made between twenty and thirty arrests this summer, and 
have convicted all but one of the parties. 

Commissioner Stilwell. We fully appreciate all your efforts. 

The Chairman. The jury that we brought one case before was 
thoroughly in sympathy with the lobster men, and of course we 
failed to convict. We have obtained nearly three thousand dollars 
this year from convictions. We are pursuing this policy at a con- 
siderable expense. We are patrolling the coast from one end to 
the other. I think nothing is more promising at the present time 
than the question of protecting lobsters. In a few years we will 
probably see the effects of it. There was an increase of fifty-four 
thousand dollars last year over the year before, in the value of 
marketable lobsters. 

Commissioner Chalker. Mr. Chairman, I would like to inquire 
about your method of propagation. You spoke of planting lob- 
ster eggs. 

The Chairman. We hatched lobsters to a considerable extent. 
It is very simple and easy to do it by putting them into boxes. 
We have found, however, that it is just as easy to take those 
lobsters, plant them in depleted waters with the eggs on them, and 
hatch them in that way. We have a close season on egg-bearing 
lobsters at all times of the year. I will state another thing 
which may be interesting. Lobster spawn or eggs are found upon 

* A recent decision of the Supreme Court makes it as much an offence to have in 
one's possession short lobsters caught outside of the Commonwealth as those caught 
i n the State's waters. 



48 FISH AND GAME. • [Dec. 

lobsters more or less during the whole year. We have proved 
beyond a question of doubt that, no matter at what time of the 
year the eggs are deposited, they do not hatch until the water 
reaches a temperature of fifty-five degrees. In other words, if 
the lobster deposits its eggs in December or November, it carries 
them into the spring, until the temperature of the water rises. In 
these experiments of which I speak, we caught egg-bearing 
lobsters, put them into cars, kept them, took the eggs from them 
every week, and watched the development with a microscope ; when 
the water reached fifty degrees you could see a rapid development, 
and at fifty-five degrees they burst their shells and were gone. 

At 12.30 a recess was taken, while the commissioners called 
on Governor Russell Returning to Room A, a conference was 
resumed. 

The Chairman. Informally, as a matter of interchanging ideas, 
we will discuss the game laws. I should be glad to hear from Mr. 
Stilwell in regard to the game laws of Maine. 

Game Laws. 

Commissioner Stilwell. I do not know that I have anything 
to say, unless you wish to discuss some changes or proposed 
changes, or do something of the kind. As commissioners of Maine 
we are impressed with the wonderful success of our game laws, 
from the small protection we have been enabled to extend in the 
propagation of deer. The rapid increase of deer in Maine is a 
matter almost of astonishment. Our laws do not allow us to 
extend much in the way of the propagation of deer. Yet the deer 
are everywhere, particularly in the vicinit} 7 of the largely inhabited 
towns. It is but three or four weeks ago since a deer was caught 
in the city of Bangor. It was headed off on the bridge, jumped 
over the bridge, was pursued in a boat and brought into the boat 
alive. It was taken out of town in an express wagon at night, 
and carefully turned loose again. So it is throughout the State. 
It really is encouraging. It seems to me that in the State of 
Massachusetts you have forests enough now to cultivate the deer. 

The Chairman. Yes ; we have a few deer on the Cape now. 

Commissioner Stilwell. There used to be a place up near 
Wachusett and one in the vicinity of Danvers, which would 
be admirable places for this work. Deer are very easily bred. It 
is difficult to drive them away. People are complaining that the 
deer are beginning to trespass on their garden patches. They are 
almost domesticated. 



1891.] PUBLIC DOCUMENT — No. 25. 49 

The Chairman. I would say, Mr. Stilwell, that there are a 
few deer left in Massachusetts, down on the Cape. The State 
prohibits the killing of them. But there are two laws on the 
Cape : one is the law of the Legislature, which forbids any one 
killing them ; the other is the unwritten law, which allows the 
natives to kill them and keeps everybody else from killing them. 

Commissioner Stilwell. Our greatest obstacle is the dog. 
If we can prevent the dogging of deer, it will be an excellent 
thing. It is a very difficult thing to do, however. We have more 
fighting on the subject of hunting deer with dogs than almost any 
other one thing, and it causes us much trouble. But you cannot 
preserve the deer if you permit dogging. There is no compromise 
at all there. The deer, when pursued even by the smallest cur, 
will run to a man for protection. When snow is on the ground 
deer will run up to you, crowd against you and push you over in 
perfect terror, when pursued by dogs. A great destruction of deer 
takes place in Maine. Poachers go out in the deep snow armed 
with nothing but a butcher knife and a cur dog, and they can go 
up to the poor, bleeding, terror-stricken creature, wade up to it on 
snow shoes, and cut its throat. I think deer could be bred in 
Massachusetts without the least difficulty, particularly in the 
vicinity of Wachusett. The extermination of the moose in Maine 
seems possible. A low type of men have come to Maine, calling 
themselves " sportsmen." A short time ago a Boston man came 
upon some cow moose with two calves.. There was a bull moose 
in the group. It was with great difficulty that the Boston man 
could be prevented from shooting a cow moose. The case was all 
the more aggravating because the hunter had already killed a 
magnificent old bull, which was all that the law allowed him to do. 
Well now, gentlemen, that is too frequent a type of the so-called 
" sportsmen " who come to our woods. It would seem to me that an 
ordinary human being would not shoot an old cow moose, and yet 
it would have been done in this case. A very prominent sportsman, 
three years ago, was fined for shooting a cow moose with her calves 
by her side. The meat was worthless. He merely took off enough 
for one meal. We caught him fairly, and fined him one hundred 
dollars ; but that fine was not in proportion to the offence. The 
low type of sportsman is illustrated by the man who catches a 
salmon on the fly and then goes and sells it ; yet we have such 
men. I have seen such men in Bangor, catching salmon with a fly, 
then taking it down to the Bangor market and selling it for one 
dollar per pound. 

The Chairman. Mr. Hodge, how is it in New Hampshire 
about deer? 



50 FISH AND GAME. [Dec. 

Chairman Hodge. T am happy to say that, as far as our State 
is concerned, we have made the thing the success that my friend 
Mr. Stilwell has related in regard to Maine. With the little pro- 
tection that we have been able to extend to our deer and moose, 
they have increased far beyond our expectations. I can also say 
that within the city limits of Manchester a wild deer was shot 
down this very fall. It is not an uncommon thing to see them far 
out from the unbroken woods scattered all over our State. In 
regard to the dogging of deer, while unfortunately our State allows 
the use of dogs for a limited period, we have so far met with no 
serious trouble from them. I should be glad if it was entirely 
stopped. The greatest evil that I see from running deer with 
dogs is this, — the majority of the deer killed are does. The buck, 
conscious of his strength, throws up his head and away he goes, 
and leads the dogs a wild-goose chase. The doe, being more 
timid, takes to the first water it can reach. Eleven deer were 
killed in one pond I know of, and they were all does. I do not 
imagine hounding drives deer away from their haunts to any great 
extent, because 1 have taken particular pains to question parties 
who have been acting as guides for the last few years. They all 
tell me that they will start a buck from a certain pond, the dogs 
will run him from that pond, and they can go out the next day 
and start him from the same place. Last winter deer were as 
thick as rabbits iu our woods. This fall sportsmen report to me 
that the woods are full of deer, and they never imagined there 
were so many. One of our detectives told me last spring that 
there was one yard upon the Dead Diamond, extending for some 
five miles, that was literally full of deer, and in travelling from 
one place to another on his beats he had to take a circuit around 
these large yards, to prevent going in and disturbing the deer. I 
asked him how many deer he thought he could kill without any 
gun. He said, " I can take my knife and go in there and kill 
fifty deer a day without any trouble." One of the guides there 
said the deer were so tame that they would come into his yard, 
and he fed them with gingerbread out of his hand. That simply 
shows how quickly they learn their friends, and know whom to 
avoid. Moose are on the increase in our State. There have been 
a great many more moose seen by the fishermen this past season 
than for many years before. I am happy to say that the time has 
gone past when sportsmen will come into our State and murder 
moose as formerly. Two or three years ago a well-known New 
York party came to New Hampshire and killed three moose in 
one month in the close season, using what little meat he could in his 
own camp ; the rest was sunk in the lakes. That man has not been 



1891. J PUBLIC DOCUMENT — No. 25. 51 

back to New Hampshire since, and it will be well for him that he 
does not come. 

Commissioner Stilwell. Are not those moose being driven 
away? Are not the surveys for the new railroads doing it? In 
our State they have driven the moose out of their old fastnesses, 
and they go trooping over the State. The other day I heard of 
four being seen in one group quite near a populous city. Is it 
really an increase of moose ? Are they not old moose that have 
been driven out of their old fastnesses ? 

Commissioner Hodge. I cannot tell where they came from. 

Commissioner Stilwell. One of the eminent sportsmen of 
this State killed a famous moose some years ago, but he told me it 
cost him one hundred dollars. Now, close to the place where he 
hunted that moose, a cook from one of the camps went out this 
season and shot a monstrous old bull moose. And so it is. They 
seem to be trooping, frightened, all over the State. I am inclined 
to think it is the new railroads that are driving them out. 

Commissioner Hodge. You don't consider such causes destroy 
your deer ? 

Commissioner Stilwell. No, sir. The destroyers of deer in 
our State are the hunters on the water. These fellows simply lie 
on the surface of the lake m their canoes. They turn the dogs 
loose, and the deer rush for the water. They know perfectly well 
that the scent is lost the moment they strike the water. These 
lakes are slaughter-houses. You can kill every deer there is by 
sitting in a canoe on any of our lakes. The dogs will drive the 
deer into the water. Our State is dimpled with lakes. You cannot 
go ten miles in any direction without coming upon a sheet of water. 
There is where these fellows slaughter deer. 

Commissioner Hodge. I was in your State last year, and 
camped on a little pond. There was no time from daylight to 
dark but that I could look out and count from one to twenty wild 
deer feeding by that pond. 

Commissioner Stilwell. The moose are very plenty in the 
State of Maine, but I question whether we have a right to rate 
them as a part of our game. They are merely driven in there, 
frightened in, emigrating from New Brunswick. 

Commissioner Hodge. But you have large tracts of forest 
entirely clear from the railways. Why don't they take up their 
permanent abode there? 

Commissioner Stilwell. We had, sir, in the Dead River 
section and the head waters of the Kennebec, but now the railroad 
surveys are going through these ; they are everywhere, and the 
railroads carry the sportsmen where they never went before. 



52 FISH AND GAME. [Dec. 

There are large camps there, supported at a great expense by 
wealthy men. We don't object to them. Your true sportsman 
would scorn to shoot a doe. 

The Chairman. You are aware, I suppose, Mr. Stilwell, that 
there is in some States a law that prohibits shooting a doe or a 
fawn at any season of the year. 

Commissioner Stilwell. They shoot them in our State. 
We had a man up the other day on a technical question, but had 
to let him go. He said, "I shot the doe, sir, and there were 
two fawns." I said, •' Two young ones?" " Yes, " he said. "But 
were they wounded? " " Oh, yes ; they were wounded." " But a 
young fawn usually goes with the old one?" "Sometimes after 
it is wounded." " Why did } 7 ou shoot them? " " I had to ; they 
were around there, and when I dropped the old doe they would 
not leave." " Couldn't you drive them away?" " Oh, yes ; but 
they usually stand there half stupefied, looking at the mother on 
the ground." "You need not have shot them." " Well, sir, 
I shot them." And he did. The biggest one weighed seventy- 
five pounds or less. Such men will shoot anything. I suppose 
one must call them men. Our woods are literally crowded with 
game. The difficulty is to prevent its all being shipped away. 
We cannot get a law forbidding the exportation of game. We have 
a law that allows a sportsman, when he has killed his legal num- 
ber of deer, to take them to his own home. 

Commissioner Hodge. Isn't that right? 

Commissioner Stilwell. Yes, sir ; and we try to make it 
right. We appeal to the spirit of the man, if he has any, and we 
say : " Mark your name legibly on a card, tie it on your game and 
go with it, take it to j^our own home." Well, he takes it, goes to 
Boston and sells it. 

Commissioner Hodge. Paying the expenses of his trip, as I 
saw reported in a sporting paper the other day. 

Commissioner Stilwell. Yes. Men will do it. It is so with 
salmon. Men will kill their salmon legitimately, and then sell 

them. 

Black Bass. 

Commissioner Hodge. Mr. Chairman, although we have passed 
from the subject of fish, there is one fish that we consider of a 
good deal of importance in our State that was not mentioned, 
and that is, black bass. They spawn at about the same season, 
and are in season for capture at the same time almost universally 
throughout the New England States. In looking at the laws of 
the different States, I find considerable difference in the time of 
capture of this fish. We regard black bass as one of the most 



1891.] PUBLIC DOCUMENT — No. 25. 53 

important fish that we have. Previous to the introduction of that 
fish into our State, during the midsummer we had but little to offer 
that would induce sportsmen to travel any considerable distance. 
All we could offer them was a little pickerel fishing, or perch, or 
hornpout, or something of that kind, unless they went way to a 
mountain pond, where they would get a few trout. But the black 
bass comes in the right time, when our State is crowded with 
summer visitors. The bass is in his prime then. I am bound to 
say that there is no fish affords any better sport in the long run 
than black bass, except the land-locked salmon. He is fight from 
the word go. As a table fish, properly taken care of, he is a most 
excellent fish, there is no doubt of that. I know people — perhaps 
some of you, gentlemen — may differ from me in regard to that. 
But let any person properly take care of this fish when first 
caught, and it can be cooked in almost any way and is a palatable 
fish, either boiled, baked, fried, or put on the gridiron on the 
coals. I, for one, should be glad to see an effort made in the 
different Legislatures looking to a uniform law in regard to the 
open season for this fish. 

Commissioner Brainard. What is your season? 

Commissioner Hodge. Our season opens the fifteenth day of 
June. That may be considered a little early by some, but we 
have found it to work satisfactorily. June is almost the only 
month in which sport can be had with a fly for black bass. During 
most of that time it will take a fly as readily as a trout. 

The Chairman. The Massachusetts law is July 1 to Decem- 
ber 1. 

Commissioner Stilwell. We do not protect the black bass. 
We protect the white perch. Our citizens have clamored for black 
bass. I got one order from the country, saying, " Send us some 
black bass eggs by return mail." I could not fill that order. 
Another man back in the country said he must have some black 
bass for his pond. He nagged us almost to death. Finally we 
supplied him. It was two years ago. I met the man afterwards, 
and he said, " Mr. Stilwell, can't you give us some land-locked 
salmon?" I said, " Why, sir, you have been nagging us for black 
bass." u I know it, sir," said he ; " but we do not like them, and 
the pond is full of them." " What do you want me to do?" I 
asked. "Well, sir," said he, "we want some land-locked sal- 
mon." "Haven't you got black bass enough?" said I. "Yes, 
sir," was the answer ; " but we don't like them. Can't you take 
them out?" " No," said I, " being a commissioner, I had rather 
not take the contract." There is a general anathema about black 
bass in our State. 



54 FISH AND GAME. [D 



ec, 



The Chairman. That was the case in our State, but there is a 
change now. 

Commissioner Stilwell. I can show you any quantity of 
black bass in the vicinity of Bangor. People come from New 
York during the summer, fishing for black bass ; but our people 
won't touch them. I have never seen a finer show of black bass 
than our waters yield. It is a glorious fish if properly treated. 
A fish that is drawn out and allowed to die in the sun isn't good 
eating, not even trout or salmon. But you skin a bass, take 
out the backbone, put a little salt on it, put it in the cellar, and 
broil it the next day, — why, black bass is fit for a king, provided 
that king is a decent Republican or Democrat, I don't care which. 
But it is a glorious fish and glorious food when properly cooked 
and treated. 

Commissioner Hodge. You are right. 

The Chairman. Your own opinion is that the bass has become 
a source of revenue to your State ? 

Commissioner Stilwell. Yes, sir. It is a good fish if it is 
treated with common-sense. I never cared for carp. It isn't a 
fish that you can take out of the water, put into the frying-pan 
and eat. 

Commissioner Downs. I fully concur in what Messrs. Stilwell 
and Hodge have said about black bass. I think it is the king of all 
game fish for its size. There is no table fish that excels it, if 
properly taken care of. Break their necks when you catch them, 
cover them in the shade, keep them there during the day, take 
them out the next morning, and the black bass is a dish fit for a 
king or anybody else. 

The Chairman. Not only is the black bass a fish that will thrive 
more abundantly than almost any other fish that you put into the 
water, but they are splendid for sportsmen. There is no better 
sport in the world than taking them with a fly. If properly kept 
and cooked, they are as good a fish as anybody wishes to eat. We 
have had to fight against prejudice here in Massachusetts. Let 
me say a word here in regard to carp. They are warm-water fish, 
and thrive best in warm and muddy water, where they grow very 
rapidly. They are vegetable feeders. Of course it costs nothing 
to raise them. If you take a carp out of a pond a couple of weeks 
before you want to use it, put it into cold spring water and keep it, 
and then take it for table use, you have got a good fish, without 
any dressing cooked with it. But take it out of the pond and put 
it right on the table, as most people do, and I cannot conceive how 
anybody can eat it. I have tried them both ways, and have 
studied them very carefully. 1 



1891.] PUBLIC DOCUMENT — No. 25. 55 

Commissioner Stilwell. Just remember what Mr. Brackett has 
said. That is exactly what the country people do with the carp. 
It has to be taken out of that muddy, filthy water, put into a box 
made of slats and kept in running water for a week or ten days. 
A fish will take the flavor of any water it is in. I once had the 
misfortune to try a salmon that was captured in the Penobscot. 
I was catching some with a fly. This fish was hooked in the belly, 
badly torn, and they said "Kill him." We had him cooked for the 
next day's dinner. When the next day came every one was on the 
qui vive for that salmon ; and at the first mouthful every knife and 
fork dropped. It tasted like bog mud. Almost any fish will take 
the flavor of the mud. The catfish, or humble hornpout, next to 
the trout, is the best fish there is. He is caught and kept in cold 
ice-water for a number of days at the hotels where they make a 
specialty of that luxury. You treat the black bass in that way, 
and it is an improvement even upon the possibilities of the carp. 

Commissioner Hodge. Then every man has got to have a little 
stream on his own grounds, if he is going to eat carp, hasn't he ? 

The Chairman. No, you can put them into well water or rain 
water. Many years ago I ponded some shad for the purpose of 
saving them to get the spawn. Mr. Theodore Lyman, who was 
then on the commission, was out to look at the fish, and we gave 
him a couple to take home. The water we had put them into was 
soft rain water, and muddy, and he could not eat them. In twenty- 
four hours the flavor of those shad was so changed as to make 
them worthless. 

Commissioner Stilwell. That is so. 

The Chairman. It is very important, in the matter of fish, to 
place them for a few hours or days in water that is of the purest 
character, if you want a good flavor to them. 

Commissioner Downs. There is no fish that will go ahead of 
black bass, in my opinion. 

The Chairman. Mr. Hodge will state to you some things which 
may be interesting. 

Commissioner Hodge. I would not recommend or advise any 
commissioner or any party to introduce black bass into small 
trout ponds, because in such cases there is only a limited amount 
of food there, and the smaller and weaker fish would go to the 
wall. But in our large lakes, like our Sunapee Lake, in New 
Hampshire, we can raise them with trout and salmon, the three 
together, and they don't interfere with each other. 

Commissioner Brainard. I have tried it, and I know it is so. 

Commissioner Hodge. One of the elements that has led to our 
success at Sunapee Lake was the introduction of black bass. Pre- 



56 FISH AND GAME. [Dec. 

vious to that time that lake was not known or noted as a trout 
lake, not even by the local fishermen. A few trout used to 
be caught every year. During the breeding season, when they 
came up from the deep water, local parties used to secure a great 
many trout. At that time the lake was infested with swarms of 
yellow perch. I am very glad to say that the black bass have 
destroyed those fish, which I consider the worst enemy to trout or 
salmon that swims. Immediately following the disappearance of 
the perch there has come a marked increase in the trout of both 
kinds. I say both kinds, because we have in that lake a fish which 
has only been known to scientists within the last few years, now 
known as the Aureolus, or golden trout. They are essentially a 
lake trout. They do not enter the streams for the purpose of 
propagation, but they spawn in the lake ; and there has been a very 
marked increase in this case, as well as of brook trout. Of course I 
attribute a part of that increase to the work we have done at our 
branch hatchery ; but it would have been impossible for us to have 
achieved the measure of success that we have, had it not been for 
the destruction of the yellow perch in the lake. I also know, from 
friends of mine in Ontario, that there are lakes there in which you 
can cast for your bass in June, taking a trout at one cast and a 
bass at another, the same as you can in Sunapee to-clay. I have 
known black bass for many vears, have taken great pains to ascer- 
tain the food on which they live, and I never yet, from any of our 
lakes where trout exists, found a trout or a salmon in the maw of 
a black bass. 

Commissioner Downs. You are speaking of the small-mouthed 
black bass? 

Commissioner Hodge. I am. 

Commissioner Chalker. Within the last few years in Connecti- 
cut there has been a crusade against the black bass. At the 
farmers' clubs and in the farming community one of the principal 
things discussed is how to get rid of the black bass in small ponds and 
lakes. They tell some very different stories. We sent one man 
some two hundred to put into a little lake that was stocked with 
pickerel. He subsequently came before the commission and 
wanted to know how he could get rid of them. He said he wanted 
the restrictive laws taken off of that pond by the State, for when 
we put the black bass in he had a nice lot of pickerel there, but 
now the pickerel had all gone. 

Commissioner Downs. That is one of the best arguments for 
it. It shows that people go and catch them if they can find out 
where they are. 

Commissioner Chalker. This year we have one application 



1891.] PUBLIC DOCUMENT — No. 25. 57 

for black bass, which we are intending to fill. The Housatonic 
Water Power Company put in a very large quantity a few years 
ago, and they had become a very desirable fish in that locality. 
Since the dam broke away, last March, we have had an applica- 
tion to stock that stream with black bass, which we are intending 
to do ; but that is the only application we have had for black bass 
for eight years. 

The Chairman. It is a far better fish than the perch. I 
prophesy that the time will come when it will be one of the most 
popular fish that we have. I stocked one pond with black bass 
here, and the parties who were interested in it wanted to know 
what it meant. They said they couldn't catch any black bass. I 
sent a man there who was experienced in catching black bass, and 
he found the trouble in an hour, and showed the people how to 
catch them. Red perch is one of the best baits for black bass, 
but the bass will destroy the perch. I don't know any fish in our 
waters that is more destructive to the trout or other fish than this 
little red perch. I do not know of a meaner fish. 

Commissioner Stilwell. The yellow or reel perch is a very 
destructive fish. 

Commissioner Hodge. One man said to me, "Down in our 
town they (the red perch) destroy the hornpout ; " and he 
thought they ought to be exterminated on that account. 

Commissioner Downs. When I was a boy I lived upon the 
Housatonic River, and I used to go out and catch twenty-five or 
thirty yellow perch from it. To-day I couldn't catch one there. 
That is due to the fact that we introduced the black bass. 

Commissioner Hodge. Has it been a great loss? 

Commissioner Downs. I think it has been a great improve- 
ment, and so does everybody else. I had rather go fishing for 
bass. Take it in the summer time, when the factories are shut 
down, and the river is lined with people fishing for bass. 

Commissioner Stanley. Speaking of bass, we have several 
ponds in our State into which bass have been put. In every case 
when the bass was first put in there were no trout. Now, within 
a few years, they have been catching trout. These ponds that I 
speak of had the yellow perch in them. It is the w T orst fish there 
is. I agree with you perfectly on that point. The bass have 
cleaned the perch out, and the trout are coming back. In our 
State we have no protection for bass ; but still, at the same time, 
if they are not caught and sold for market we do not really need 
any. We have splendid fishing for bass, and there is no close 
time on them. We catch them at all seasons. There is plenty 
of bass in all our ponds that I know of. 



58 FISH AND GAME. [Dec. 

The Chairman. As a matter of sanitary regulation, if nothing 
more, don't you think that all fish should be protected during the 
breeding season? 

Commissioner Stanley. Yes, I think so ; but there isn't so 
much harm in not protecting black bass. I do not think you 
could pass such a law in our State. 

The Chairman. I do not think a fish is fit to eat during: the 
breeding season. 

Commissioner Stanley. They are not. I do not think they 
are fit to eat before July. 

Commissioner Downs. From May 1 to June 11 is our close 
season on black bass. 

Commissioner Hodge. In New Hampshire we not only have a 
close season but a size limit of eight inches. 

Commissioner Atherton. We will raise you two inches. Up 
in Vermont the size limit is ten inches. 

Commissioner Downs. The black bass is certainly a very 
delightful fish to catch. 

The Chairman. I think no man who is a sportsman can have 
any question about that. 

Commissioner Hodge. Has there been any effort to introduce 
striped bass into our fresh waters? 

The Chairman. I can answer that question. Mr. Tisdale of 
Wareham put some striped bass into what was called Flagg's Pond. 
Two or three years ago an immense fish was found there, that 
weighed, I cannot say just how much, but some fifty or sixty 
pounds, and I don't know but more ; and it was a striped bass. 
They spawn in fresh water. They were formerly abundant in the 
Merrimac. 

Commissioner Stilwell. They are almost extinct in our 
rivers ; we used to catch them in the Penobscot almost every year, 
but it is very rarely that we catch them now. 

The Chairman. I once visited a tide-water gate in your State 
(Maine) where a school of striped bass had run in when the gates 
were open. The gates were shut, and the fish were frantic to get 
out. There were some seventy-five or one hundred of them, I 
should think. There were striped bass in there that would weigh | 
sixty pounds. 

Commissioner Downs. The New York Commission are talking 
of stocking Saranac with black bass. 

Commissioner Chalker. This last year in Long Island Sound 
there has been an unusual quantity of small striped bass taken, 
and this fall upon Moutauk Point they were catching them by the 
ton, — a thing that has not been done before for some six or seven 
years. 



1891.] PUBLIC DOCUMENT — No. 25. 59 

Commissioner Downs. They are fine game fish to catch with 
the hook and line. 

Commissioner Southwick. They are not much more plenty 
this year than last with us. 

Commissioner Chalker. They are plenty with us. 

The Chairman. The destruction of striped bass has been 
brought about by gill nets and purse seines in the tidal waters 
with us. 

Commissioner Hodge. Are they destructive fish to others? 

Commissioner Chalker. They are very destructive fish. 

Commissioner Stilwell. We have a plentiful stock of good 
pond fish now in Maine. I do not know that we have anything 
more to wish for. I am one of the few having a high esteem for 
the black bass ; but the people of Maine are down on them. 

Commissioner Hodge. They will get over that. 

The Chairman. That will pass away. 

Commissioner Stilwell. When you try to catch a black bass, 
you have got an honest and square fight with him. 

Commissioner Downs. He never gives up, either. 

Commissioner Stilwell. It takes a good fisherman and makes 
a good fisherman to catch black bass. There is no better angler 
than your experienced black bass fisherman. 

It was the sense of the conference, that, owing to the wide 
difference in climate in the New England States, uniform laws 
would not prove satisfactory to all concerned. 

Adjourned, to be called together at the discretion of the chair- 
man of the Massachusetts Commission. 



(50 FISH AND GAME. [Dec. 

[C] 
EEPORT ON THE LOBSTER. 

By S. Garman. 

Museum of Comparative Zoology, 

Cambridge, Mass., Dec. 17, 1891. 

Hon. E. A. Brackett, Massachusetts State Fishery Commissioner. 

Sir : — Yours, with inquiries regarding the conclusions reached 
in the study of the lobster, is at hand. While unavoidable delay 
in the drawings prevents placing the complete matter in your 
hands, it is quite possible to give you in a few words a general 
idea of the results and their bearings, such as will no doubt suffi- 
ciently answer your questions. 

According to the arrangements made, some of the eggs from 
berried lobsters kept for the purpose were sent me at regular 
inteivals through an entire year. These eggs were at once 
examined to note their progress in development, and they were 
then preserved by various methods for future studies and compari- 
sons. After their young were hatched the females themselves 
were dissected, to observe the condition of the ovaries, and to 
determine the time when another lot of eggs might have been 
expected from them. As our work began in midwinter, it was 
necessary to follow certain specimens^up to the hatching, and then 
to take others to complete the series from the laying. Eggs sup- 
plied me as freshly laid were so far advanced as to indicate that 
fertilization had taken place before they were placed under the 
tail of the lobster bearing them. The time and process of fertili- 
zation has not been discovered ; but in all likelihood the marine 
lobster does not differ greatly in these respects from its fresh- 
water relatives, the crayfishes. In the case of the latter the male 
seeks the female some time before the eggs are laid, and deposits 
the fertilizing matter on the under side of her body, near the 
external openings of the oviducts, where it adheres for a time as a 
whitisli mass. How the fertilizing elements, the spermatozoa, 
come into contact with the eggs and enter them, has not yet been 
observed. The development of the embryo in eggs laid on the 
seventh or eighth of August was so rapid that on the third of 
September the eyes were visible as thin crescent-shaped spots. 
As the waters grew colder the progress was retarded, until the 
changes were very slight indeed. This condition was maintained 
throughout the winter, and it was only when the summer 
temperature was reached that rapidity of advancement was again 



1891.] PUBLIC DOCUMENT — No. 25. 61 

to be noted. The young began to hatch on the fourteenth of 
July ; all of the eggs on a female seeming to be about equally 
advanced, the entire brood emerged at very nearly the same time. 
Examination of the ovaries, after their young had left, showed 
that the females would not have laid eggs again for a } 7 ear ; that 
is, not before the summer next following that in which they had 
hatched a brood. In other words, the dissections proved that the 
lobster lays only once in two years, hatching a brood one summer 
and laying eggs the next following summer for another brood. 
The time required in the development of the embryo is so long as 
to preclude hatching the eggs under ordinary circumstances during 
the summer in which they are laid. Artificial conditions might 
readily be brought about, by heating the water in which specimens 
are kept, which would hasten the progress and greatly shorten the 
period between laying and hatching ; but normally the winter 
temperature induces an almost complete suspension of advance- 
ment. 

By the small number of specimens kept, it was not possible to 
fix the lengths of either the laying or the hatching periods. This, 
however, may be approximately done in connection with observa- 
tions made by the United States Fish Commission. It must be 
borne in mind, in this connection, that the seasons south of Cape 
Cod begin earlier and last longer than in Massachusetts Bay, and 
that farther north they will be still more contracted. Variation 
must also be expected in different years, as the seasons are earlier 
or later, and in different localities, as the waters are warmer or 
colder. Though the bulk of the laying or of the hatching in any 
particular year occurs within periods of two or three weeks, prob- 
ably four-fifths of either is finished in less than a fortnight ; to 
make allowance for the early years and for the late ones, and to 
include the early and the belated individuals, it becomes necessary 
to considerably extend the general periods. 

From all that has been gathered we may summarize as follows : 
(1) the female lobster lays eggs but once in two years, the layings 
being two years apart ; (2) the normal time of laying is when the 
water has reached its summer temperature, varying in different 
seasons and places, the period extending from about the middle of 
June till about the first of September; and (3) the eggs do not 
hatch before the summer following that in which they were laid, 
the time of hatching varying with the temperature, and the period 
extending from about the middle of May till about the first of 
August. 

I have the honor to be, very respectfully, yours, 

S. G ARM AN. 



62 FISH AND GAME. [Dec. 



[D.] 

[As the question of the protection of the fisheries in 
Buzzard's Bay is one of great interest to the people in that 
vicinity, and is likely to come before the Legislature this 
year, we give place to Mr. Palmer's statement of the case, 
which is valuable on account of its history of the efforts and 
legislative acts for the protection of these waters.] 



Petition of Lilburne Hiller et al. to amend Chapter 192, 

Acts of 1886. 

[Hearing of Wednesday, March 11, 1891.1 

Mr. Chairman and Gentlemen : — Whatever affects the general 
question of the protection of the fisheries may be and should be 
applied, so far as possible, to fisheries in Mattapoisett or any other 
of the towns bordering on Buzzard's Bay. 

If Mattapoisett or Fairhaven could carry on a war of extermina- 
tion against the fisheries, and injure nobody but themselves, we 
should not be here to interfere. We might think it very foolish in 
them to kill the goose that laid the golden eggs ; but it would be 
their goose, and we should leave them to cook it as they pleased. 
But it is not so. Not a fish can be taken out of season in the nets 
and pounds of Mattapoisett, not a single pound of unmarketable 
fish can be caught and thrown upon the land, that does not injure 
the fisheries of Marion, Wareham, Bourne, Fairhaven and New 
Bedford. How much greater, then, is the injury to all the other 
towns, and their own besides, when hundreds of barrels of fish are 
taken either before or at the time of spawning, and hundreds of 
barrels of 3 r oung fish are used to fertilize the land or thrown upon 
the beach to rot and waste ? 

In his opening ray brother Myrick gave us the histoiw of the 
legislation on this question, going back as far as 1870, and con 
tinuing down to the present time. It cannot be out of place if I 
call the attention of the committee briefly to what has led to all 
the recent acts of the Legislature on this subject. So great had 
been the decrease of the more desirable food fishes of our sea- 
coast during the ten 3 T ears prior and clown to 1870, that simul- 



1891.] PUBLIC DOCUMENT — No. 25. 63 

taneously both in this State and in Rhode Island the attention of 
the Legislature of both States, without concert of action, was 
called to investigate the cause, and, if possible, to provide the 
remedy. 

By request I drew up the first petition. It was headed by Hon. 
Thos. D. Eliot, and with those in aid, was signed by 3,023 
names. There were 62 remonstrances, with 7,958 names. The 
petition covered all sorts of pounds, weirs, nets and seines, and 
the prayer was for their utter extinction and annihilation. In 
scope and extent the petition reached all the shore waters of 
Massachusetts. 

I appeared for the petitioners, and the Hon. George Marston 
and two other eminent lawyers appeared for the remonstrants. 
The hearing was commenced February 15, in the blue room, which 
was packed with witnesses and interested parties. The hearing 
was continued through eighteen sessions of the committee, several 
of which were held in the evening to as late as eleven o'clock. 

The committee reported unanimously " leave to withdraw." 
On the 19th of April the report came up in the Senate for accept- 
ance, when Captain Atwood of the Cape district, chairman of the 
committee, made a speech in favor of the report, which, when 
printed, occupied eight pages of the report of the commissioDers 
of that year. Notwithstanding this unfavorable report, the testi- 
mony on the part of the petitioners, and the general impression 
which was produced by the hearing, effected the most happy and 
unexpected results ; for in that very year the committee reported a 
bill, and an act was passed which is now a law of this Common- 
wealth, and is to be found in chapter 91, section 79, of the Public 
Statutes. This is the act referred to by my brother Myrick, which 
prohibits the use of nets or pounds in the waters of Buzzard's Bay 
northerly of a line from West Falmouth through Bird Island light 
to Great Neck in Marion, and which has been pointed out to this 
committee on the map. 

Not only so, but this hearing waked up our Commissioners on 
Inland Fisheries ; and Mr. Theodore Lyman, then chairman of the 
Board of Commissions, in three able articles in three separate 
reports reviewed and severely criticised the speech of Captain 
Atwood, and concluded an exhaustive review of the subject in the 
sixth annual report in 1872 as follows: "If the governments of 
the States of Rhode Island and Massachusetts have any forecast, 
they will see to it that such observations may be made as will fur- 
nish them with real knowledge on this perplexed question." 

That this warning did not pass unheeded, the committee will 
observe that, of the one hundred and six sections which make up 



64 FISH AND GAME. [Dec 

chapter 91 of the Public Statutes, relating to inland fisheries, all 
but ten or eleven have been passed since 1870. Now, if you 
add to this, the several acts which have been passed since 1882, 
including this famous act of 1886, we shall see that not only has 
the policy of the Commonwealth been from year to year more and 
more in favor of the protection and preservation of our fisheries, 
but the evidence from all quarters shows that the public sentiment 
is decidedly averse to all wholesale indiscriminate methods of 
taking fish. It is true that, in some under-hand way, au act was 
smuggled through which permitted the setting of gill nets in the 
waters of Mattapoisett ; but it was repealed the next year. 

Will this committee and this Legislature take a step backwards 
now, especially when the experiment is being tried, and so suc- 
cessfully, that we are now in a fair way to settle the question for- 
ever as to the possible exhaustion of sea fisheries by overfishing? 

We had come to about this pass, that it was not possible to 
have fewer fish and have any. There was no longer any question 
that fish had become scarce in the waters of Buzzard's Bay. It 
was not only proved by almost every witness who was an intelligent 
observer, but it had become notorious. Unless a man is interested 
in some pound or net, you cannot find half a dozen intelligent 
persons, on the whole sea-coast, who doubt it. 

All the ways of accounting for this have been exploded, one 
after the other, until nothing is left but the ingenious devices of 
seines and nets. That the water is impure, or their food had 
become scarce, gave way to the theories of the mysterious disap- 
pearance and the ravages of the blue-fish. It was said, and is 
said, that the fish go and come, nobody knows where or how. It 
is very certain they did go, and do go now, as soon as seines and 
nets are set, and wherever they are set ; and generally they go to 
New York packed in ice, but they don't come back, — and this is 
the mystery of the disappearance. 

The blue-fish theory took in Captain At wood, and nearly upset 
the well-established opinions of Professor Baird ; till it was dis- 
covered that, when the blue-fish had been driven off by the 
steamers with their great sweep nets one hundred feet deep, the 
other fish didn't come back ; that they both went together, and 
for the same general reason. 

Then the seiners were driven to say that they never took spawn- 
ing fish. It is only within a year or two that any seiner or 
trapper would admit that they had ever seen spawn in a blue-fish. 
This was another mystery. They could only say that they must 
s[\)awn away off in the Atlantic Ocean, as there was no place where 
they could cast their spawn in Buzzard's Bay. One theory was as 



1891.] PUBLIC DOCUMENT — No. 25. 65 

good as another, and served its turn in exactly the same way. 
They made elastic reports to the commissioners, which would 
shrink or stretch to suit a present purpose. 

We find just the same theories advanced to you now iu the 
Mattapoisett case. We are going over the old ground year after 
year, and find out nothing but that, where you find seines, nets 
and pounds, you find no fish outside of them ; and, where there are 
no seines or pounds, the fish distribute themselves according to 
their instincts. Cast their spawn in the shoals and better aerated 
waters of Buzzard's Bay, that great nursery of some of the best 
food fishes in the world. 

What is asked here now is nothing but for. the monopoly of fish- 
ing ; that a half-dozen men may scoop up the most of the fishes 
that come in to the shore at Mattapoisett, no matter what happens 
to the fisheries, or to the great majority of the fishermen who 
depend upon them, wholly or in part, for their living. But worse 
than this, — they ask you to permit them to net these fish when 
they first come in in schools, that they may ship them off in barrels, 
flooding the markets for a short time, only to deplete the waters 
for the remainder of the season. 

We caunot believe that you will open the law of 1886 for any 
such considerations as have been presented at this hearing. 

That very observing, intelligent and disinterested witness, 
Gerard C. Tobey of Warehara, has told you the whole story. He 
has shown to you the value of the fisheries to the eighty or one 
hundred boatmen of the bay, and you have been told how valuable 
the otherwise valueless shore property of the bay has become 
from the attractive seductions of fishing and bathing. If the 
fisheries can be restored, as no doubt, on account of the wonder- 
ful fecundity of fishes, they can be, by protection, you cannot 
doubt but that villages and towns will grow up upon our shores, 
and their wealth and that of the Commonwealth will be largely 
increased, and the pleasures and happiness of the people pro- 
moted. Will you sacrifice even the hope of this to satisfy the 
greed of a few individuals? 

Of all the sources of wealth and food in most equal distribution 
and cheap supply, the fisheries of Buzzard's Bay afford the most ; 
and we appeal to you in confidence that they will be protected and 
preserved. We cannot afford to encourage monopolies in fishing, 
at so great cost not only to the fishermen but to all the people on 
the shores of our beautiful inland sea. 

We hope you will give the petitioners " leave to withdraw." 

Geo. H. Palmer. 



6Q FISH AND GAME. [Dec. 



[E.] 
REPORTS OF DEPUTIES. 

Marion, Dec. 2, 1891. 
To the Commissioners on Inland Fisheries and Game. 

Gentlemen : — In submitting my report, I would say that, 
although the laws for the better protection of the fisheries have 
been fairly well respected, there have been some violations, and 
we have succeeded in taking into court parties from Gloucester, 
Salem, South Boston, Manchester, Quincy and Wareham, for vio- 
lation of the lobster laws. The bird laws have also been generally 
respected, having had but one complaint of illegal quail shooting. 
I gave the same two days' investigation, but could not find a case 
sufficient to warrant my entering a complaint. There is a very 
bitter feeling in this vicinity against the present system of pounds 
in Buzzard's Bay, and I understand efforts will be made during 
the coming winter to ask for legislation that will better protect the 
bay fisheries. The fishermen of the towns bordering upon the bay 
begin to realize that, in order to protect the bay fisheries, very 
vigorous methods must be adopted ; and it is that class of people 
more than any other who will go before the committee on fisheries 
and game, asking for the desired change. This to me looks like a 
move in the right direction ; for I firmly believe that, for the wel- 
fare of the bay towns, the increase of the fisheries and the prosperity 
of the fishermen, such laws should be enacted as to prohibit the 
setting of pounds, weirs or nets of any kind in the bay. I am 
glad to learn that Mr. Proctor has been doing such good work in 
Buzzard's Bay and Vineyard Sound ; and if the work of this year, 
with what further legislation is necessary, could be continued for 
a few years, I am confident those waters can be made to yield 
abundantly, not only in the hook-and-line fisheries, but the lobster 
as well. The act of 1891, amending the act of 1890 so as to apply 
the mutilation of lobsters to the dealer as well as the catcher, has 
in a measure shown good results, inasmuch as, while there may 
have been some violations at the summer resorts and beach houses, 
it has placed a check upon the business in other directions, thereby 
saving a large number of small lobsters which would otherwise 
have been mutilated and openly sold in the markets as lobster meat. 

Respectfully submitted, John W. Delano, 

Deputy Commissioner, Fish and Game. 



1891.] PUBLIC DOCUMENT — No. 25. 67 

Bradford, Nov. 20, 1891. 

To the Commissioners on Inland Fisheries and Game. 

Gentlemen : — In the work of enforcing the fish and game laws 
of the State, I have found that there is a general desire among all 
thinking classes that the laws may be fully enforced ; for, while they 
observe the rapid increase in the number of those who hunt and fish, 
and the swift destructiveness of the methods employed in carrying 
on their work, all right-minded persons are led to acknowledge 
that clue regard must be had for the protection of the parent 
stock, at the proper season, or the total destruction of certain species 
of fish and game is certain to follow. A knowledge of this fact 
has induced many to observe the law, and in consequence but few 
complaints have reached me this year, as compared with previous 
seasons. The laws for the protection of lobsters have been made 
amply sufficient for all practical purposes, and their enforcement 
has done much towards restoring an industry that was being rapidly 
destroyed. 

In August notice came to me that parties were illegally taking 
trout in Cold Spring Brook, in North Andover, and that the work 
was being done on the Sabbath Day. I visited the stream the next 
Sabbath, by a walk of five miles, and found two men sitting under 
a tree near the brook. They had forty-one small trout, the largest 
one being about five inches in length. Their fishing apparatus con- 
sisted of a spaniel dog, a shovel, and about two yards of mosquito 
netting. The water in the brook was low, and the fish had settled 
into the small pools in the stream. The method of taking them 
was to dig, and drain through the net. There was evidence of this 
kind of work for a mile up the stream. I was not able to identify 
the parties, had no authority to arrest or in any way molest them ; 
and all the satisfaction my walk afforded me was a chance to 
reflect on the folly of making a person an officer, without the 
authority to arrest parties found violating the law. 

August 20 I was notified that a quantity of lime in a barrel had 
been placed in a stream in Grovelancl, near Hales Mills. This 
stream has been noted as one where large trout are frequently 
taken, — a natural trout brook, yet one that has never been 
stocked. In many places on this stream it is difficult to fish, 
owing to the thick growth of bushes along its bank ; and, as a last 
resort to capture the few fish remaining, lime is thrown in ; this 
kills the fish, large and small, and all that is needed then to 
secure a few large trout is to step into the stream and pick them up. 
This method of fishing was the invention of a Scotchman, and 
Scotland made the penalty for such an offence imprisonment. It 



68 FISH AND GAME. [Dec. 

should be such in this State, whereas at present it is a simple fine 
of ten dollars. It is believed that a more severe penalty might be 
useful in preventing parties from resorting to such a contemptible 
method of gratifying their habits of destructiveness. Similar 
complaints have reached me that work of this kind has been carried 
on in a stream in Tewksbury (a tributary of the Shawsheen). 
This stream has been stocked, and for several years has been 
known as one of the finest trout streams in Middlesex County. I 
am informed, by one who has fished in this stream, that the whole 
plant has been ruined by liming the stream, and thousands of 
young trout have been killed. The question may be asked, Why 
have not the offenders been apprehended? This kind of work, 
when done, does not have to be repeated, and, under the law, to 
convict requires the finding of the offender in the act. The notice 
comes too late to be of any assistance to us in apprehending the 
party, and frequently those who know of such depredations, and 
inform us of them, are lacking in moral courage to take the witness 
stand in defence of right. 

The time of taking trout should be limited to ninety days from 
the first of April, and all trout taken less than five inches in length 
should be returned to the stream. The man who has more than 
ninety days to devote to catching trout will find it to his advantage 
to fish in some section of the country where trout are more numer- 
ous than in Massachusetts. 

To place five thousand trout in a stream and then the next } T ear 
allow those fish to be caught and destroyed simply because they 
have reached the size when they readily take the hook (and it 
requires thirty of them to weigh a pound) , will never prove to be 
a successful method of replenishing our streams with sizable trout. 

Not long since I was asked, by a gentleman in Middlesex 
County, why the game commissioners had not been more success- 
ful in increasing the number of game birds and animals to be 
found in the State, as the Commonwealth had been liberal in its 
legislative enactments. Evidently that was about as far as he had 
pursued the subject. As the gentleman was an ex-president of a 
hunting club, and had been a successful importer and breeder of 
English bird dogs and ferrets for a period of fourteen years, I was 
able to make a reply to his question by asking another, which was, 
Has the importation of bird dogs and ferrets been instrumental in 
increasing the number of our game birds and animals? 

It is said that in 1850 the number of trained bird dogs in Massa- 
chusetts was less than one hundred ; in 1890 the number had 
increased to exceed sixteen hundred, used only in hunting birds, 
to say nothing of the thousands of dogs of other breeds used fre- 



1891.] PUBLIC DOCUMENT — No. 25. 69 

quently for the same purpose, — while the area over which to hunt 
had been largely diminished. Annually, in September, these dogs 
are let loose, followed by more than two thousand hunters, armed 
with breech-loading firearms, and the work of destruction goes on 
to the extent that, at the end of sixty days an ordinary hunter is 
scarcely able to bag so much as a solitary chipmonk in a day's 
hunting. The hunter who looks at his game-bag and thinks of the 
game commission and then innocently remarks, What is the sense 
of a game commission, if it does not supply us with something to 
shoot? And the deputy commissioner, when invited to a game 
supper, is equally astonished when he sees a single native game 
bird brought upon the table. But he is an invited guest, and 
quietly makes a good supper of fricasseed chicken ; and, while he 
thinks of that army of dogs and hunters who have roamed the 
State for ninety days, he still continues to wonder how a single 
bird escapes and manages to live to reproduce its kind ; and he is 
only able to solve the problem on the theory that a goodly portion 
of the dogs are worthless, and a large majority of the hunters are 
entitled to a championship as a poor shot. 

Respectfully submitted, B. P. Chadwick, 

Deputy Commissioner, 



70 FISH AND GAME. [Dec. 



[F.] 



[Decision of the Supreme Court of the United States, Manchester v. 

Commonwealth.] 

MENHADEN FISHERIES IN BUZZARD'S BAY. 

Error to the Superior Court of the State of Massachu- 
setts for the County of Barnstable. 

[No. 1518. Argued Jan. 14, 15, 1891. — Decided March 16, 1891.] 

The act of the Legislature of Massachusetts, approved May 6, 1886 (Laws 
of 1886, c. 192), " for the protection of the fisheries in Buzzard's Bay," 
is valid, so far as it relates to the taking of menhaden. 

It applies to a vessel which has a license to fish for menhaden under the 
laws of the United States. 

As between nations, the minimum limit of the territorial jurisdiction of a 
nation over tide-waters is a marine league from the coast; and bays 
wholly within its territory which do not exceed two marine leagues in 
width at the mouth are within this limit ; and included in such territorial 
jurisdiction is the right of control over fisheries. 

The courts of Massachusetts can lawfully take jurisdiction of violations of 
such statutes, as against the admiralty and maritime jurisdiction of the 
courts of the United States. 

It has always been the doctrine of this court, that, whenever a conflict 
arises between a State and the United States, as to the regulation of 
commerce or navigation, the authority of the latter is supreme and con- 
trolling. 

Within what are generally recognized as the territorial limits of States by 
the law of nations, a State can define its boundaries on the sea and the 
boundaries of its counties ; and by this test Massachusetts can include 
Buzzard's Bay within the limits of its counties 

There are no existing treaties or acts of Congress which relate to the 
menhaden fisheries within such a bay as Buzzard's Bay. 

The question is not considered whether or not Congress would have the 
right to control menhaden fisheries in question. 

By an act of the Legislature of the Commonwealth of Massa- 
chusetts, approved May 6, 1886 (Laws of 1886, c. 192), entitled 
"An act for the protection of the fisheries in Buzzard's Bay," it 
was enacted as follows : — 

Section 1. No person shall draw, set, stretch of use any drag net, 
set net or gill net, purse or sweep seine of any kind for taking fish any- 
where in the waters of Buzzard's Bay within the jurisdiction of this 



1891.] PUBLIC DOCUMENT — No. 25. 71 

Commonwealth, nor in any harbor, cove or bight of said bay except as 
hereinafter provided. 

Sect. 2. Any net or seine used in violation of any provision of this 
act, together with any boat, craft or fishing apparatus employed in such 
illegal use, and all fish found therewith, shall be forfeited ; and it shall 
be lawful for any inhabitant or inhabitants of any town bordering on 
said bay to seize and detain, not exceeding forty-eight hours, any net 
or seine found in use contrary to the provisions of this act, and any 
boat, craft, fishing apparatus and fish found therewith, to the end that 
the same may be seized and libelled if need be by due process of law. 

Sect. 3. All nets and seines in actual use set or stretched in the 
waters aforesaid in violation of this act are declared to be common 
nuisances. 

Sect. 4. Nothing contained in this act shall be construed to interfere 
with the corporate rights of any fishing company located on said bay 
nor in any way to affect the fish weirs mentioned in section seventy of 
chapter ninety-one of the Public Statutes, nor the use of nets or seines 
in lawful fisheries for shad or alewives in influent streams of said bay, 
nor to the use of set nets or gill nets in the waters of the town of Fair- 
haven within a line drawn from Commorant rock south-westerly to the 
buoy on West Island Rips and from thence westerly in a straight course 
through the buoy on West Island Ledge to the town line of Fairhaven. 

Sect 5. Whoever violates any provision of this act or aids or assists 
in violating the same shall pay a fine not exceeding two hundred dollars 
for each offence. 

Sect 6. District courts and trial justices shall have concurrent juris- 
diction with the Superior Court of all offences and proceedings under 
the provisions of this act. 

Sect 7. All fines received under this act shall be paid one-half to 
the complainant and the other half to the Commonwealth. All moneys 
from an}^ forfeitures incurred under this act shall inure and be paid 
one-fourth to the informer and one-fourth to the person filing the libel 
and the other half to the Commonwealth. 



Under that statute, a complaint in writing under oath was made 
on behalf of the Commonwealth, before a trial justice in and for 
the county of Barnstable, in Massachusetts, that Arthur Manches- 
ter, at Falmouth, in the county of Barnstable, on the nineteenth 
day of July, in the year 1889, did then and there draw, set, stretch 
and use a purse seine for the taking of fish in the waters of Buz- 
zard's Bay, within the jurisdiction of the Commonwealth. Under 
a warrant issued on this complaint, Manchester was, on the 1st of 
August, 1889, brought before the trial justice and pleaded not 
guilty. The justice found him guilty, on a hearing of the case, 
and imposed upon him a fine of $100, to the use of the Common- 
wealth, and costs, and ordered that, if the fine and costs should 
not be paid, he should be committed to jail, there to be kept until 



72 FISH AND GAME. [Dec. 

he should pay them, or be otherwise discharged by due course of 
law. 

The defendant appealed to the Superior Court of Barnstable 
County. In that court, the case was, according to the statute, 
tried by a jury, which found the defendant guilty. That court 
reported the case for the determination of the Supreme Judicial 
Court of the Commonwealth, which heard it, and on the 18th of 
September, 1890, made an order that judgment should be rendered 
on the verdict. On the rescript being received by the Superior 
Court, it affirmed the judgment of the trial justice, and directed 
the defendant to pay a flue of $100 and the costs of prosecution, 
and stand committed until he should comply with the order. 

The report of the Superior Court, signed by a justice thereof, 
was as follows : " This was a complaint under section 1 of chap- 
ter 192 of the Statutes of 1886. A copy of the complaint is 
annexed and made a part of this report. The evidence of the 
Commonwealth tended to show that the defendant and others, who 
were citizens of Rhode Island and were officers and crew of the 
fishing steamer called the 'A. T. Serrell, ' on the day named in 
the complaint were engaged in drawing, setting, stretching and 
using a purse seine for the taking of fish in the waters of Buzzard's 
Bay. The place where the defendant was so engaged with said seine 
was about, and not exceeding, one mile and a quarter from a point 
on the shore midway from the north line of said town to the south 
line thereof. The point where the defendant was so using said 
seine was within that part of Buzzard's Bay which the Harbor and 
Land Commissioners, acting under the provisions of section 2 
of chapter 196 of the Acts of the year 1881, had, so far as they 
were capable of doing so, assigned to and made a part of the town 
of Falmouth. A copy of the map showing boundary lines between 
the adjacent cities and towns bordering on Buzzard's Bay, as so 
located by said commissioners, was used at the trial and may be 
referred to. The point where the defendant was using said seine 
is marked ' A ' on said plan. The Commonwealth's evidence 
tended to show that the defendant and his associates, on said day 
and at the point described, caught with said seine a large quantity 
of the fish called menhaden. In this act of fishing no fixed 
apparatus was used and the bottom of the sea was not encroached 
upon or disturbed. The Commonwealth further offered evidence 
tending to show that the distance between the headlands at the 
mouth of Buzzard's Bay, viz., at Westport, in the county of Bristol, 
on the one side, and the island of Cuttyhunk, in the county of Dukes, 
on the other side, was more than one and less than two marine 
leagues. The island of Cuttyhunk is the most southerly of the 



1891.] PUBLIC DOCUMENT — No. 25. 73 

chain of islands lying to the eastward of Buzzard's Bay, and 
known as the Elizabeth Islands. The distance across said bay at 
the point where the acts of the defendant were done is more than 
two marine leagues, and the opposite points are in different coun- 
ties. The defendant did not dispute any of the testimony offered 
by the Commonwealth, but introduced evidence tending to show 
that he was engaged in fishing for menhaden only, and that he 
caught no other fish excepting menhaden ; that menhaden is not a 
food fish, and is only valuable for the purpose of bait and of 
manufacture into fish oil ; and that the taking of said menhaden by 
seining does not tend in any way to decrease the quantity and 
variety of food fishes. The defendant offered evidence further 
tending to show that he was in the employ of the firm of Charles 
Cook and others, who were engaged in the State of Rhode Island 
in the business of seining menhaden to be sold for bait and to be 
manufactured into fish oil and fish manure. The defendant further 
offered testimony tending to show that it was impossible to discern 
objects across from one headland to the other at the mouth of Buz- 
zard's Bay. The defendant's evidence showed that the said 
steamer was of Newport, Rhode Island, duly enrolled and licensed 
at that port, under the laws of the United States, for carrying on 
the menhaden fishery, and it was conceded by the Commonwealth 
that the defendant was employed upon the vessel described by said 
enrolment and license, and, at the time of the commission of the 
acts complained of, he and his associates were so in the employ of 
the vessel described in said license. The district attorney stated 
that he should not controvert any of the foregoing evidence, but 
claimed that it was incompetent in defence of this complaint ; but 
for the purposes of the trial I admitted the testimony. The fore- 
going is all the evidence offered at the trial of this complaint. It 
was conceded that the defendant could not be convicted if chapter 
212 of the Acts of 1865 was not repealed by the statute of 1886, 
chapter 192. At the conclusion of the evidence the defendant 
asked me to rule as follows : 1. As the government does not claim 
that the act complained of is in violation of any statute except of 
chapter 192 of the Acts of 1886, the defendant, notwithstanding 
that statute, is authorized to take menhaden by the use of the 
purse seine, in the waters of Buzzard's Bay, in the place where this 
act was committed. 2. Chapter 192 of the Acts of the year 1886 did 
not repeal chapter 212 of the Acts of the year 1865. 3. The defend- 
ant may lawfully take menhaden, by the use of the purse seine, in 
Buzzard's Bay, in the place where the acts complained of in this 
case were done. And also : 1. The act complained of was on the 
high seas, and without the jurisdiction of Massachusetts. 2. The 



74 FISH AND GAME. [Dec. 

act complained of having been done under a United States license 
for carrying on this fishery, the defendant cannot be held as a 
criminal for violating a statute of this Commonwealth. 3. The 
defendant cannot be held unless the act complained of was done 
and committed within the body of a county, as understood at com- 
mon law. 4. The statute of this Commonwealth, prohibiting 
under a penalty the use of nets and seines and the taking of fish 
within three miles of the shore, is invalid, especially as against a 
license to fish granted under the laws of the United States. The 
defendant further asked me to rule that on all the evidence the 
defendant could not be convicted. I declined to rule as requested 
by the defendant, and submitted the case to the jury, with the 
instruction that the Statute of 1865 was repealed by the Statute of 
1886, and with the instruction that, if they found that the defend- 
ant was engaged in using a purse seine for the taking of fish of 
any kind in that part of Buzzard's Bay which was within the juris- 
diction of the Commonwealth of Massachusetts, they would be 
authorized to convict the defendant ; and that the place where the 
acts of the defendant were committed, being within a marine 
league from the shore at low-water mark, was within the jurisdic- 
tion of the Commonwealth. The jury returned a verdict of guilty ; 
and now, after verdict and at the request of the defendant, and by 
the consent of the parties, I report the case, with my rulings at the 
trial of the same, for the determination of the Supreme Judicial 
Court." 

The Supreme Judicial Court held the statute in question to be 
constitutional and valid, and delivered an opinion, by Chief Justice 
Field, which is reported in 152 Mass. 230. 

The defendant sued out a writ of error directed to the Superior 
Court, to review its judgment, and assigned as errors, that the 
court ruled and adjudged: kl 1. That the place where the alleged 
offence was committed was not a part of the high seas, and was 
not, under article 3, section 2, of the Constitution, which provides 
that the judicial power of the United States shall extend to all 
cases of admiralty and maritime jurisdiction, within the exclusive 
jurisdiction of the federal government. 2. That said place, not- 
withstanding said provision of the Constitution, was within the 
jurisdiction of Massachusetts. 3. That the plaintiff in error was 
not authorized to do the act complained of by a license under Title 
50 of the Revised Statutes, and was not protected by such license. 
4. That chapter 192 of the Acts of the General Court of Massa- 
chusetts for the year 1886, as construed by the court, was valid, 
notwithstanding the provisions of the Constitution and laws above 
cited, or any provisions of the Constitution and laws of the United 
States." 



1891.] PUBLIC DOCUMENT — No. 25. 



ir> 



Mr. Joseph H. Clioate and Mr. James F. Jackson for plaintiff 
in error. 

I. At the time of the treaty of Paris, in 1783, the territorial 
domain of England extended upon her coast to low-water mark, 
including all bays, harbors and inlets within the "fauces terras, 
where a man can reasonably discern from shore to shore." 

Within these limits was "the body of the county." Within 
them the title to tide-waters and the soil beneath was in the 
crown. 

Without these limits were the " high seas," the common property 
of all nations. Over them England, as one of the common 
sovereigns of the ocean, had certain rights of jurisdiction and 
dominion derived from and sanctioned by the agreement of 
nations, express or implied. 

Such jurisdiction and dominion she had for all purposes of self- 
defence and for the regulation of coast fisheries. 

The exercise of such rights over adjacent waters would not 
necessarily be limited to a three-mile belt, but would undoubtedly 
be sanctioned as far as reasonably necessary to secure the practical 
benefits of their possession. 

If self-defence or regulation of fisheries should reasonably 
require assumption of control to a greater distance than three 
miles, it would undoubtedly be acquiesced in by other nations. 

The marine-league distance has acquired prominence merely 
because of its adoption as a boundary in certain agreements and 
treaties and from its frequent mention in text books, but has never 
been established in law as a fixed boundary. 

These rights belonged to England as a member of the family of 
nations, and did not constitute her the possessor of a proprietary 
title in any part of the high seas nor add any portion of these 
waters to her realm. In their nature they were rights of dominion 
and sovereignty rather than of property. 

This question is very fully considered and the authorities 
examined in a recent case. Regina v. Keyn, 2 Ex. D. 63. 

The law of England was introduced and established in the 
colonies. The characteristic features of the property title of the 
crown in the sea-shore, with its limit at low-water mark, were 
recognized as distinguished from the peculiar rights of sovereignty 
called "regalia." Commonwealth v. Alger, 7 Cush. 53, 83; 
Commonivealthv. Boxbury, 9 Gray, 451; Martin v. Waddell, 1G 
Pet. 367. 

The distinction between high seas and tide-waters within the body 
of the county has been generally recognized. Commonwealth v. 



76 FISH AND GAME. [D 



ec. 



Peters, 12 Met. 387; United States v. Grush, 5 Mason, 170; 1 
Kent Coram. 396. 

Such, then, was the territorial domain and such the extra-terri- 
torial right of jurisdiction which Massachusetts possessed and 
could have exercised as an independent State when she adopted 
the federal Constitution. 

As an independent nation she could have undoubtedly enacted 
a statute like the one under discussion, which her own courts 
would have enforced and which other nations would have recog- 
nized. 

II. To what extent did she under the Constitution surrender 
this right of control over the fisheries of the ocean? 

(1) Whatever dominion or rights exist in the high seas are 
determined by international law and rest solely upon the common 
consent of nations, which may be express, but is more generally 
implied. 

Whatever of such rights Massachusetts possessed previous to 
the formation of the federal government she possessed wholly by 
virtue of an agreement between herself as a nation and other 
nations. 

When she became a State in the Union she not only on general 
principles merged her nationality in tbat of the United States, but 
by express concession she agreed to these clauses of the Constitu- 
tion. Art. I., section 10. "■ No State shall enter into any 
treaty, alliance or confederation." " No State shall without the 
consent of Congress enter into any agreement or compact with 
another State or with a foreign power." 

Thus Massachusetts was cut off from entering into such agree- 
ments with foreign nations as make up the body of international 
law. Not only could she enter into no new agreement, but the 
'continuance of existing agreements and contractual relations was 
terminated. When Massachusetts adopted the Constitution she 
gave up her international dealings, and ceased to be a party to the 
usages and agreements by which they are governed. 

The control over the fisheries of the ocean, resting as it did 
upon such agreement and usage, was surrendered with the power 
to contract with other sovereign States. This was not a surrender 
of territory that belonged to her, but of dominion over the com- 
mon territory of the nations. Her title to her own territory, as 
known and defined by law, she still retained. Story on Const. 
§ 1673. 

k * The Pacific Ocean belongs to no one nation, but is the com- 
mon property of all." Lord v. Steamship Co., 102 U.S. 541. Is 
every seaboard State of the Union one of these owners and the 



1891.] PUBLIC DOCUMENT — No. 25. 77 

United States without such ownership? Do these States have the 
right to take possession and control of the high seas as far as they 
shall see fit, and assert each its own ideas and claims of right 
under international law and usage? Are the inland States with- 
out interest or authority in this common ocean and what it con- 
tains ? 

It is certainly a subject of more or less disagreement between 
nations how far rights of dominion upon the sea extend, giving 
rise to various assertions and claims. No absolute limit has yet 
been fixed upon. Nothing more has thus far been settled than 
that these rights extend to at least three miles from shore. 

It is difficult to believe that this question is one to be settled 
between foreign nations and each of the seaboard States dealing 
with one another as common sovereigns of the sea. We contend, 
on the contrary, that rights over the waters adjacent to our coast 
and a part of the ocean, u the property of no one nation," are 
rights of dominion recognized and established between nations by 
virtue of their national character and to determine international 
relations ; that as such the merging of the national character by 
the several States into the United States by the adoption of the 
Constitution transferred by necessary implication and express 
provision the exercise of these rights. 

(2) Another clause of the Constitution is to be considered: 
"The judicial power shall extend to all cases of admiralty and 
maritime jurisdiction." Constitution, Art. III., sect. 2. 

This grant to the federal head of the power to establish the 
only courts which had any jurisdiction whatever upon the high 
seas is only consistent with the view that the rights to be pro- 
tected were national rights and should be enforced in national 
courts. Commonwealth v. Peters, 12 Met. 387 ; 1 Kent Com. 367, 
397 ; United States v. Grush, 5 Mason, 290 ; Story Const. § 1673. 

The distinction between the jurisdiction left in the States over 
localities within their territory, within the body of a county, and 
the jurisdiction transferred to the United States is clearly stated 
in Commonwealth v. Peters, where the chief justice says : " Sup- 
posing the case stood upon the Constitution of the United States 
alone, without any legislation by Congress, the natural conclusion 
would be that the purpose of the Constitution was to transfer to 
the government of the United States all the admiralty and mari- 
time jurisdiction over cases, civil aud criminal, which had been 
exercised in England by the courts of admiralty and the special 
commissioners for the trial of maritime causes, and that all other 
judicial power would remain to the State. This would leave the 
courts of the State all the jurisdiction of all cases occurring upon 



78 FISH AND GAME. [D 



ec. 



rivers and other places within the ebb and flow of the tide lying 
within the body of any county." 

This clause is not to be construed asa" cession of the waters," 
but simply of jurisdiction. The State did not own the ocean and 
had no waters to cede. 

Nor is it contended that the jurisdiction of a State is not 
" coextensive with its territory." Our argument is that the terri- 
tory of Massachusetts was defined under the law of England, and 
that when she adopted the Constitution her domain was limited, 
as far as proprietary title is concerned, by the body of the county, 
in accordance with the established principles of that law. 

It was without this territory that the offence with which Man- 
chester is charged took place, in a locality where legislative control 
did not rest upon title in the soil and waters, but upon rights of 
sovereignty inseparably connected with national character, and 
which had always been exclusively intrusted to enforcement in 
admiralty courts. The transfer of the power to establish these 
courts, with their recognized exclusive jurisdiction over the high 
seas, was equivalent to the transfer of the right of control over 
those seas. 

This view is in accord with the decisions of the courts. In all 
cases when the State courts have been held to have jurisdiction, 
the locality has been admitted to be within the territorial boun- 
daries of the State. 

Within such boundaries the common law courts of the State 
continue to have jurisdiction, the State continues to own her 
fisheries. United States v. Bevans, 3 Wheat. 336, 387 ; Smith 
v. Maryland, 18 How. 71. In the latter case Mr. Justice Curtis 
says " this power results 'from the ownership of the soil." 

It is true that within the tide-waters of the State " there has been 
no grant of power over the fisheries " to the United States. 
McCready v. Virginia, 94 U. S. 391. That the State had no 
jurisdiction upon the ocean within three miles of shore was neces- 
sarily the decision of the court in the application of the Crimes 
Act of 1790 to an offence off Newburyport. United States v. 
Smith, 1 Mason, 147; United States v. Kessler, Baldwin, 15, 35. 
Could Massachusetts, under chapter 289 of the Acts of 1859, oust 
the United States of its jurisdiction ? 

The transfer of this exclusive jurisdiction over the high seas to 
the national courts was consistent with the true purposes of the 
Union. Such jurisdiction belongs to the federal authorities for 
the best of reasons. Story Const. § 1673. The admiralty juris- 
diction of the United States, as compared with that of England, 
has been extended but never abridged. 



1891.] PUBLIC DOCUMENT — No. 25. 79 

(3) " The Congress shall have power to regulate commerce 
with foreign nations and among the several States." Fishing 
upon the high seas is in its nature an integral part of national 
commerce, and its control and regulation are necessarily vested in 
Congress and not in the individual States. To secure the benefit 
of such national control and regulation of the fisheries was one of 
the express purposes of the Union. 

The fisheries of the ocean were viewed as of national impor- 
tance, as one of the principal sources of maritime power and of 
interstate and foreign commerce, and it was believed that one of 
the great benefits to be obtained from the federal union was to be 
their control by a uniform law and protection by national authority. 
The taking of fish in the ocean is an act necessarily bringing those 
engaged in it into contact with other nations. What is true of 
the simple act of navigation upon an ocean is still more true of 
fishing there. See Lord v. Steamship Co., 102 U. S. 541. Can 
there be any doubt, following the reasoning in that case, that the 
control of the vessels engaged in taking menhaden upon the high 
seas is vested exclusively in Congress as a part of our external 
commerce? 

The principles to be applied under this clause of the Constitu- 
tion have been stated in many cases and very fully in the recent 
case of Bobbins v. Shelby Taxing District, 120 U. S. 489. From 
the principles there laid down it would seem to be free from doubt 
that the ocean fisheries or coast fisheries, as they are termed, are 
national in character and in importance. 

They were so considered previous to and at the formation of 
the Constitution ; they have been ever since a most important 
feature of national policy and occupied prominent position in our 
treaties ; they ' w enter into the national policy, affect national 
rights, and may compromit the national sovereignty ; " in the tak- 
ing of the fish and in the navigation of the ocean they are insep- 
arably connected with the interests of the country as a whole and 
its people as citizens of the United States ; they constantly bring 
those engaged in this branch of commerce in contact with the 
rights and privileges of other nations. 

That the welfare of these national industries requires one uni- 
form system of regulation seems apparent. 

Whether it be mackerel, cod or menhaden fisheries, what more 
embarrassing and destructive of their proper conduct than to have 
twenty-two different svstems of laws and regulations controlling; 
the same industry along our shores? 

Nothing is more certain than that the just regulation of 
different fisheries demands careful investigation into the facts relat- 



80 FISH AND GAME. [Dec. 

ing to them, freedom from prejudiced and vexatious local legisla- 
tion, and a protection that can only be secured from congressional 
control. 

This question does not affect menhaden fisheries alone, but the 
mackerel, cod and other fisheries as well. The fickleness and 
in justice of State legislation must always subject to the varying 
whims of local ignorance or prejudice an important industry, 
involving the outlay of a large amount of capital, upon which 
great commercial interests depend, — an industry fruitful, too, of 
national blessing, in the building of ships and in the education of 
mariners. 

Moreover, even if the subject matter of ocean fisheries were 
deemed to be of such a nature that the States might make and 
enforce regulation thereof until the contrary intent of Congress 
appeared, the purpose of Congress to take this regulation into its 
own control has been plainly manifested. 

Under its joint resolution of Feb. 9, 1871, in establishing the 
Fibh Commission, and under Title LT. of the Revised Statutes, 
entitled "•Regulation of the Fisheries," it has assumed the regu- 
lation of the coast fisheries in all such respects as are covered by 
the Massachusetts statute under which Manchester was convicted. 
It has made it the duty of the fish commissioner to investigate the 
facts,and report whether any, and, if so, what, protective, pro- 
hibitory or precautionary measures shall be adopted in the 
premises. 

This must have been done with a view of passing all such laws 
as should be necessary for the protection of the food fishes of 
the coast. 

Again, Congress took action in the enactment of chapter 288 
of the Statutes of 1887 relating to the mackerel fisheries. 

It took action under the statutes relating to bounties, privileges 
and agreements in 1792, in 1793 and in 1813, and in the granting 
of the license under which the plaintiff in error was fishing. 

Whatever construction has been put upon such a license in cases 
where the rights of the licensee have been affected by State leg- 
islation, it has never been denied that such a license is a grant 
of authority, as held in Gibbons v. Ogden. 9 Wheat. 1. 

When Congress enacted the law under which the plaintiff in 
error took out his license its power to regulate this fishery was 
exercised, and no prohibitory statute of a State could defeat his 
right to fish in the high seas under it. 

In the case of Smith v. Maryland, where such a license was 
considered, the locality was admittedly within the territory of the 
State, and the State law was held valid under its right to protect 
its own territory and property. 



1891. J PUBLIC DOCUMENT — No. 25. 81 

In each of the cases relating to the regulation of shell-fish the 
decision rests upon a state of facts in which it is conceded that 
the fish were within the territory and soil of the State. 

We do not question the right of the State to regulate its own 
fisheries within its own soil or tide-waters. 

The United States has in her treaties with foreign powers several 
times disposed of these fisheries as though they belonged to her 
and not as though they were the property of the individual States. 

Commerce with the nations is constantly concerned with them, 
either through rights and privileges determined by treaties or 
those determined by the general consent of the common sovereigns 
of the ocean. 

The menhaden fishery, with all its ramifications, inseparably 
connected as it is witli the food fisheries and markets of the world, 
is practically destroyed by such legislation as that of Massachu- 
setts, based upon an unjust discrimination and lack of such inves- 
tigation as is being now carried on by authority of Congress. 

It is the exclusion by the State of an important business con- 
nected with the commerce of the nations, authorized by national 
license, not from its own domain, where it might be claimed to be 
a matter of internal concern, but from the high seas, where it is 
necessarily a matter of external concern and carried on in contact 
with and together with all mankind. 

Mr. Henry C. Bliss, Assistant Attorney-General of Massachu- 
setts, with whom on the brief was Mr. Andreiv J. Waterman, 
Attorney-General of that Commonwealth, for defendant in error. 

Mr. Justice Blatchford, after stating the case, delivered the 
opinion of the court. 

The principal contentions in this court on the part of the defend- 
ant are that, although Massachusetts, if an independent nation, 
could have enacted a statute like the one in question, which her 
own courts would have enforced and which other nations would 
have recognized, yet, when she became one of the United States, 
she surrendered to the general government her right of control 
over the fisheries of the ocean, and transferred to it her rights 
over the waters adjacent to the coast and a part of the ocean ; 
that, as by the Constitution, article 3, section 2, the judicial 
power of the United States is made to extend to all cases of admi- 
ralty and maritime jurisdiction, it is consistent only witli that 
view that the rights in respect of fisheries should be regarded as 
national rights, and be enforced only in national courts ; that the 



82 FISH AND GAME. [Dec. 

proprietary right of Massachusetts is confined to the body of the 
county ; that the offence committed by the defendant was commit- 
ted outside of that territory, in a locality where legislative control 
did not rest upon title in the soil and waters, but upon rights of 
sovereignty inseparably connected with national character, and 
which were intrusted exclusively to enforcement in admiralty 
courts ; that the Commonwealth has no jurisdiction upon the 
ocean within three miles of the shore ; that it could not, by the 
statute in question, oust the United States of jurisdiction ; that 
fishing upon the high seas is in its nature an integral part of national 
commerce, and its control and regulation are necessarily vested in 
Congress and not in the individual States : that Congress has 
manifested its purpose to take the regulation of coast fisheries, in 
the particulars covered by the Massachusetts statute in question, 
by the joint resolution in Congress of Feb. 9, 1871 (1G Stat. 593), 
establishing the Fish Commission, and by title 51 of the Revised 
Statutes, entitled, u Regulation of Fisheries," and by the act of 
Feb. 28, 1887, c. 288 (24 Stat. 434), relating to the mackerel 
fisheries, and by acts relating to bounties, privileges and agree- 
ments, and by granting the license under which the defendant's 
steamer was fishing ; and that, in view of the act of Congress 
authorizing such license, no statute of a State could defeat the 
right of the defendant to fish in the high seas under it. 

By the Public Statutes of Massachusetts, part 1, title 1, c. 1, 
sections 1 and 2, it is enacted as follows : " Section 1. The terri- 
torial limits of this Commonwealth extend one marine league from 
its sea-shore at low-water mark. When an inlet or arm of the 
sea does not exceed two marine leagues in width between its head- 
lands, a straight line from one headland to the other is equivalent 
to the shore line. Section 2. The sovereignty and jurisdiction of 
the Commonwealth extend to all places within the boundaries 
thereof; subject to the rights of concurrent jurisdiction granted 
over places ceded to the United States." The same Public Stat- 
utes, part 1, title 1, c. 22, section 1, contain the following pro- 
vision : u The boundaries of counties bordering on the sea shall 
extend to the line of the Commonwealth, as defined in section one 
of chapter one." Section 11 of the same chapter is as follows: 
"The jurisdiction of counties separated by waters within the 
jurisdiction of the Commonwealth shall be concurrent upon and 
over such waters." By section 2 of chapter 196 of the Acts of 
Massachusetts of 1881, it is provided as follows: "Section 2. 
The harbor and land commissioners shall locate and define the 
courses of the boundary lines between adjacent cities and towns 
bordering upon the sea and upon arms of the sea from high-water 



1891.] PUBLIC DOCUMENT — No. 25. 83 

mark outward to the line of the Commonwealth, as defined in said 
section one [section one of chapter one of the General Statutes], so 
that the same shall conform as nearly as may be to the course of 
the boundary lines between said adjacent cities and towns on the 
land ; and they shall file a report of their doings with suitable 
plans and exhibits, showing the boundary lines of any town by 
them located and defined, in the registry of deeds in which deeds 
of real estate situated in such town are required to be recorded, 
and also in the office of the secretary of the Commonwealth." 

The report of the Superior Court states that the point where 
the defendant was usiug the seine was within that part of Buz- 
zard's Bay which the harbor and land commissioners, acting under 
the provisions of the Act of 1881, had, so far as they were capable 
of doing so, assigned to and made part of the town of Falmouth ; 
that the distance between the headlands at the mouth of Buzzard's 
Bay u was more than one and less than two marine leagues ; " 
that " the distance across said bay, at the point where the acts of 
the defendant were done, is more than two marine leagues, and 
the opposite points are in different counties ; " and that " the place 
where the defendant was so engaged with said seine was about, 
and not exceeding, one mile and a quarter from a point on the 
shore midway from the north line of" the town of Falmouth " to 
the south line" of that town. 

Buzzard's Bay lies wholly within the territory of Massachusetts, 
having Barnstable County on the one side of it, and the counties of 
Bristol and Plymouth on the other. The defendant offered evi- 
dence that he was fishing for menhaden only, with a purse seine ; 
that " the bottom of the sea was not encroached upon or dis- 
turbed," u that it was impossible to discern objects across from 
one headland to the other at the mouth of Buzzard's Bay ; " and 
that the steamer was duly enrolled and licensed at the port of 
Newport, Rhode Island, under the laws of the United States, for 
carrying on the menhaden fishery. 

By section 1 of chapter 196 of the laws of Massachusetts of 
1881, it was enacted as follows : ' w Section 1. The boundaries of 
cities and towns bordering upon the sea shall extend to the line 
of the Commonwealth as the same is defined in section one of 
chapter one of the General Statutes." Section 1 of chapter 1 of 
the General Statutes contains the provisions before recited as 
now contained in the Public Statutes, chapter 1, section 1, and 
chapter 22, sections 1 and 11. Buzzard's Bay was undoubtedly 
within the territory described in the charter of the Colony of New 
Plymouth and the Province charter. By the definitive treaty of 
peace of Sept. 3, 1783, between the United States and Great 



84 FISH AND GAME. [Dec. 

Britain (8 Stat. 81), His Britannic Majesty acknowledged the 
United States, of which Massachusetts Bay was one, to be free, 
sovereign and independent States, and declared that he treated 
with them as such, and, for himself, his heirs and successors, 
relinquished all claims to the government, propriety and terri- 
torial rights of the same and every part thereof. Therefore, if 
Massachusetts had continued to be an independent nation, her 
boundaries on the sea, as defined by her statutes, would unques- 
tionably be acknowledged by all foreign nations, and her right to 
control the fisheries within those boundaries would be conceded. 
The limits of the right of a nation to control the fisheries on its 
sea coasts, and in the bays and arms of the sea within its territory, 
have never been placed at less than a marine league from the 
coast on the open sea ; and bays wholly within the territory of a 
nation, the headlands of which are not more than two marine 
leagues, or six geographical miles, apart, have always been 
regarded as a part of the territory of the nation in which they lie. 
Proceedings of the Halifax Commission of 1877, under the Treaty 
of Washington of May 8, 1871, Executive Document No. 89, 
45th Congress, 2d session, Ho. Reps., pp. 120, 121, 166. 

On this branch of the subject the case of The Queen v. Keyn, 2 
Ex. D. 63, is cited for the plaintiff in error ; but there the question 
was not as to the extent of the dominion of Great Britain over the 
open sea adjacent to the coast, but only as to the extent of the 
existing jurisdiction of the Court of Admiralty in England over 
offences committed on the open sea ; and the decision had nothing 
to do with the right of control over fisheries in the open sea or in 
bays or arms of the sea. In all the cases cited in the opinions 
delivered in The Queen v. Keyn, wherever the question of the right 
of fishery is referred to, it is conceded that the control of fisheries, 
to the extent of at least a marine league from the shore, belongs to 
the nation on whose coast the fisheries are prosecuted. 

In Direct U. S. Cable Co. v. Anglo- American Tel. Co., 2 App. 
Cas. 394, it became necessary for the Privy Council to determine 
whether a point in Conception Bay, Newfoundland, more than 
three miles from the shore, was a part of the territory of New- 
foundland, and within the jurisdiction of its legislature. The 
average width of the bay was about fifteen miles, and the distance 
between its headlands was rather more than twenty miles ; but it 
was held that Conception Bay was a part of the territory of New- 
foundland, because the British government had exercised exclusive 
dominion over it, with the acquiescence of other nations, and it 
had been declared by act of Parliament "to be part of the British 
territory, and part of the country made subject to the legislature 
of Newfoundland." 



1891.] PUBLIC DOCUMENT — No. 25. 85 

We think it must be regarded as established, that, as between 
nations, the minimum limit of the territorial jurisdiction of a nation 
over tide-waters is a marine league from its coast ; that bays 
wholly within its territory not exceeding two marine leagues in 
width at the mouth are within this limit ; and that included in this 
territorial jurisdiction is the right of control over fisheries, whether 
the fish be migratory, free-swimming fish, or free-moving fish, or 
fish attached to or embedded in the soil. The open sea within 
this limit is, of course, subject to the common right of navigation ; 
and all governments, for the purpose of self-protection in time of 
war or for the prevention of frauds on its revenue, exercise an 
authority beyond this limit. Gould on Waters, part 1, c. 1, §§ 
1-17, and notes ; Neill v. Duke oj Devonshire, 8 App. Cas. 135 ; 
Gammell v. Commissioners, 3 Macq. 419 ; Mowat v. McFee, 5 Sup. 
Ct. of Canada, 66 ; The Queen v. Cuhitt, 22 Q. B. D. 622 ; St. 46 
47 Vict. c. 22. 

It is further insisted by the plaintiff in error, that the control of 
the fisheries of Buzzard's Bay is, by the Constitution of the United 
States, exclusively with the United States, and that the statute of 
Massachusetts is repugnant to that Constitution and to the laws of 
the United States. 

In Dunham v. Lamphere, 3 Gray, 268, it was held (Chief Justice 
Shaw delivering the opinion of the court) that, in the distribution 
of powers between the general and State governments, the right to 
the fisheries and the power to regulate the fisheries on the coasts 
and in the tide-waters of the State, were left, by the Constitution 
of the United States, with the States, subject only to such powers 
as Congress may justly exercise in the regulation of commerce, 
foreign and domestic. In the present case the court below was 
asked to reconsider that decision, mainly on the ground that the 
admiralty and maritime jurisdiction of the courts of the United 
States were not considered in the opinion, and that the recent 
decisions of the Supreme Court of the United States, on the power 
of Congress to regulate commerce, required that the decision be 
reconsidered ; but the court stated that no recent decisions of this 
court had been cited which related to the regulation of fisheries 
within the territorial tide- waters of a State, and that the decisions 
of this court which related to that subject did not appear to be in 
conflict with the decision in Dunham v. Lamphere, and that it 
never had been decided anywhere that the regulation of the fisheries 
within the territorial limits of a State was a regulation of commerce. 

It is further contended that, by the Constitution of the United 
States, the judicial power of the United States extends to all 
cases of admiralty and maritime jurisdiction, and is exclusive ; 



86 FISH AND GAME. [Dec. 

that this case is within such jurisdiction ; and that, therefore, the 
courts of Massachusetts have no jurisdiction over it. In McCreacly 
v. Virginia, 94 U. S. 391, the question involved was, whether the 
State of Virginia could prohibit the citizens of other States from 
planting oysters in Ware River, a stream in Virginia where the 
tide ebbed and flowed, when her own citizens had that privilege. 
In that case it was said that the principle had long been settled in 
this court, that each State owns the beds of all tide-waters within 
its jurisdiction, unless they have been granted away ; and that, in 
like manner, the States own the tide-waters themselves and the fish 
in them, so far as they are capable of ownership while running ; 
and this court added, in its opinion : " The title thus held is sub- 
ject to the paramount right of navigation, the regulation of which, 
in respect to foreign and interstate commerce, has been granted to 
the United States. There has been, however, no such grant of 
power over the fisheries. These remain under the exclusive con- 
trol of the State, which has consequently the right, in its discre- 
tion, to appropriate its tide-waters and their beds to be used by its 
people as a common for taking and cultivating fish, so far as it 
may be done without obstructing navigation. Such an appropria- 
tion is in effect nothing more than a regulation of the use by the 
people of their common property. The right which the people of 
the State thus acquire comes not from their citizenship alone, but 
from their citizenship and property combined. It is, in fact, a 
property right, and not a mere privilege or immunity of citizen- 
ship." 

In Smith v. Maryland, 18 How. 71, 74, a vessel licensed to be 
employed in the coasting trade and fisheries was seized by the 
sheriff of Anne Arundel County in Maryland, while engaged in 
dredging for oysters in Chesapeake Bay, in violation of a statute 
of Maryland enacted for the purpose of preventing the destruction 
of oysters in the waters of that State ; and the questions presented 
were whether that statute was repugnant to the provisions of the 
Constitution of the United States which grant to Congress the 
power to regulate commerce, or to those which declare that the 
judicial power of the United States shall extend to all cases of 
admiralty and maritime jurisdiction, or to those which declare that 
the citizens of each State shall be entitled to all privileges and 
immunities of citizens in the several States. Mr. Justice Curtis, 
in delivering the opinion of this court, said : " Whatever soil below 
low-water mark is the subject of exclusive property and owner- 
ship, belongs to the State on whose maritime border and within 
whose territory it lies, subject to any lawful grants of that soil by 
the State, or the sovereign power which governed its territory, 



1891.] PUBLIC DOCUMENT -No. 25. 87 

before the declaration of independence. Pollard v. Hagan, 3 
How. 212; Martin v. Waddell, 16 Pet. 367; Den v. T/ie Jersey 
Co., 15 How. 426. But this soil is held by the State, not only 
subject to, but in some sense in trust for, the enjoyment of cer- 
tain public rights, among which is the common liberty of taking 
fish, as well shell-fish as floating fish." He also said that the 
statute of Maryland does " not touch the subject of the common 
liberty of taking oysters, save for the purpose of guarding it from 
injury, to whomsoever it may belong, and by whomsoever it may 
be enjoyed. Whether this liberty belongs exclusively to the 
citizens of the State of Maryland, or may lawfully be enjoyed in 
common by all citizens of the United States ; whether this public 
use may be restricted by the State to its own citizens or a part of 
them, or by force of the Constitution of the United States must 
remain common to all citizens of the United States ; whether the 
national government, by a treaty or act of Congress, can grant to 
foreigners the right to participate therein ; or what, in general, 
are the limits of the trust upon which the State holds this soil, or 
its power to define and control that trust, are matters wholly with- 
out the scope of this case, and upon which we give no opinion.^' 
Upon the question of the admiralty jurisdiction, he said: "But 
we consider it to have been settled by this court, in United States 
v. Bevans, 3 Wheat. 336, that this clause in the Constitution did 
not affect the jurisdiction, nor the legislative power of the States, 
over so much of their territory as lies below high- water mark, save 
that they parted with the power so to legislate as to conflict with 
the admiralty jurisdiction or laws of the United States. As this 
law conflicts neither with the admiralty jurisdiction of any court 
of the United States conferred by Congress, nor with any law of 
Congress whatever, we are of opinion it is not repugnant to this 
clause of the Constitution." The court also held that the act was 
not repugnant to the clause of the Constitution which conferred 
upon Congress the power to regulate commerce, and that the 
enrolment and license of the vessel gave to the plaintiff in error 
no right to violate the statute of Maryland. It is said in the 
opinion that " no question was made in the court below whether 
the place in question be within the territory of the State. The 
law is, in terms, limited to the waters of the State ; " and the 
question, therefore, did not arise "whether a voyage of a vessel, 
licensed and enrolled for the coasting trade, had been interrupted 
by force of a law of a State while on the high seas, and out of the 
territorial jurisdiction of such State." The dimensions of Chesa- 
peake Bay do not appear in the report of the case, but it has been 
said that this bay is " twelve miles across at the ocean." 1 Bish. 



88 FISH AND GAME. [Dec. 

Crim. Law, § 105. It is a bay considerably larger than Buzzard's 
Bay, and is not wholly within the State of Maryland, although at 
the point where Anne Arundel County bounds upon it it is wholly 
in that State. Haney v. Compton, 7 Vroom (36 N. J. Law), 
507 ; Corjielcl v. Coryell, 4 Wash. C. C. 371 ; Weston v. Sampson, 
8 Cush. 347 ; S. C. 54 Am. Dec. 764 ; Mahler v. Norwich & New 
York Transportation Co., 35 N. Y. 352 ; United States v. Smiley, 
6 Sawyer, 640. 

In the case of Stockton v. Baltimore & N. Y. R. Co., 32 Fed. 
Rep. 9, in the Circuit Court for the District of New Jersey, Mr. 
Justice Bradley shows clearly that there is no necessary conflict 
between the right of the State to regulate the fisheries in a given 
locality and the right of the United States to regulate commerce 
and navigation in the same locality. He says that, prior to the 
Revolution, the shore and lands under water of the navigable 
streams and waters of the Province of New Jersey belonged to. 
the King of Great Britain, and, after the conquest, those lands 
were held by the State, as they were b} T the King, in trust for the 
public uses of navigation and fishery. He adds : " It is true that 
to utilize the fisheries, especially those of shell-fish, it was neces- 
sary to parcel them out to particular operators. . . . The power 
to regulate commerce is the basis of the power to regulate naviga- 
tion and navigable waters and streams. ... So wide and exten- 
sive is the operation of this power that no State can place any 
obstruction in or upon any navigable waters against the will of 
Congress." The doctrine has always been firmly maintained by 
this court, that whenever a conflict arises between a State and the 
United States, as to the regulation of commerce or navigation, 
the authority of the latter is supreme and controlling. 

Under the grant by the Constitution of judicial power to the 
United States in all cases of admiralty and maritime jurisdiction, 
and under the rightful legislation of Congress, personal suits on 
maritime contracts or for maritime torts can be maintained in the 
State courts ; and the courts of the United States, merely by virtue 
of this grant of judicial power, and in the absence of legislation 
by Congress, have no criminal jurisdiction whatever. The crimi- 
nal jurisdiction of the courts of the United States is wholly 
derived from the statutes of the United States. Butler v. 
Boston & Savannah Steamship Co., 130 U. S. 527; The 
Belfast, 7 Wall. 624 ; The Eagle, 8 Wall. 15 ; Leon v. Galceran, 
11 Wall. 185 ; Steamboat Co. v. Chase, 16 Wall. 522 ; 8. C. 9 R. 
I. 419; Schoonmaker v. Gilmore, 102 U. S. 118; Insurance Co. 
v. Dunham, 11 Wall. 1 ; Jones v. United States, 137 U. S. 202, 
21L In each of the cases of United States v. Bevans, 3 Wheat. 



1891.] PUBLIC DOCUMENT — No. 25. 89 

336, and of Commonwealth v. Peters, 12 Met. 387, the place where 
the offence was committed was in Boston harbor ; and it was held 
to be within the jurisdiction of Massachusetts, according to the 
meaning of the statutes of the United States which punished cer- 
tain offences committed upon the high seas or in any river, haven, 
basin or bay " out of the jurisdiction of any particular State." 
The test applied in Commonwealth v. Peters, which was decided 
in the year 1847, was that the place was within a bay " not so 
wide but that persons and objects on the one side can be discerned 
by the naked eye by persons on the opposite side," and was there- 
fore within the body of a county. In United States v. Bevans, 
Marshall, C. J., said: "The jurisdiction of a State is coexten- 
sive with its territory ; coextensive with its legislative power. 
The place described is unquestionably within the original territory 
of Massachusetts. It is then within the jurisdiction of Massa- 
chusetts, unless that jurisdiction has been ceded to the United 
States." If the place where the offence charged in this case was 
committed is within the general jurisdiction of Massachusetts, 
then, according to the principles declared in Smith v. Miryland, 
the statute in question is not repugnant to the Constitution and 
laws of the United States. 

It is also contended that the jurisdiction of a State as between 
it and the United States must be confined to the body of coun- 
ties ; that counties must be defined according to the customary 
English usage at the time of the adoption of the Constitution of 
the United States ; that by this usage counties were bounded by 
the margin of the open sea ; and that, as to bays and arms of the 
sea extending into the land, only such or such parts were included 
iu counties as were so narrow that objects could be distinctly seen 
from one shore to the other by the naked eye. But there is no 
indication that the customary law of England in regard to the 
boundaries of counties was adopted by the Constitution of the 
United States as a measure to determine the territorial jurisdic- 
tion of the States. The extent of the territorial jurisdiction of 
Massachusetts over the sea adjacent to its coast is that of an inde- 
pendent nation; and, except so far as any right of control over 
this territory has been granted to the United States, this control 
remains with the State. In United States v. Bevans, Marshall, 
C. J., in the opinion, asks the following questions: " Can the 
cession of all cases of admiralty and maritime jurisdiction be con- 
strued into a cession of the waters on which those cases may 
arise?" '"As the powers of the respective governments now 
stand, if two citizens of Massachusetts step into shallow water 
when the tide flows, and fight a duel, are they not within the 



90 FISH AND GAME. [Dec. 

jurisdiction, and punishable by the laws of Massachusetts?" 
The statutes of the United States define and punish but few 
offences on the high seas, and, unless other offences when com- 
mitted in the sea near the coast can be punished by the States, 
there is a large immunity from punishment for acts which ought 
to be punishable as criminal. Within what are generally recog- 
nized as the territorial limits of States by the law of nations, a 
State can define its boundaries on the boundaries of its counties ; 
and by this test the Commonwealth of Massachusetts can include 
Buzzard's Bay within the limits of its counties. 

The statutes of Massachusetts, in regard to bays at least, make 
definite boundaries which, before the passage of the statutes, 
were somewhat indefinite ; and Rhode Island and some other 
States have passed similar statutes defining their boundaries. 
Public Statutes of Rhode Island, 1882, c. 1, §§1,2; c. 3, § 6 ; 
Gould on Waters, § 16 and note. The waters of Buzzard's Bay 
are, of course, navigable waters of the United States, and the 
jurisdiction of Massachusetts over them is necessarily limited, 
Commonwealth v. King, 150 Mass. 221 ; but there is no occasion 
to consider the power of the United States to regulate or control, 
either by treaty or legislation, the fisheries in these waters, 
because there are no existing treaties or acts of Congress which 
relate to the menhaden fisheries within such a bay. The rights 
granted to British subjects by the treaties of June 5, 1854, and 
May 8, 1871, to take fish upon the shores of the United States, 
had expired before the statute of Massachusetts (St. 1886, c. 192) 
was passed which the defendant is charged with violating. The 
Fish Commission was instituted u for the protection and preserva- 
tion of the food fishes of the coast of the United States." Title 
51 of the Revised Statutes relates solely to food fisheries, and so 
does the act of 1887. Nor are we referred to any decision which 
holds that the other acts of Congress alluded to apply to fisheries 
for menhaden, which is found as a fact in this case not to be a 
food fish, and to be only valuable for the purpose of bait and of 
manufacture into fish oil. 

The statute of Massachusetts which the defendant is charged 
with violating is, in terms, confined to waters "within the juris- 
diction of this Commonwealth ; " and it was evidently passed for 
the preservation of the fish, and makes no discrimination in favor 
of citizens of Massachusetts and against citizens of other States. 
If there be a liberty of fishing for swimming fish in the navigable 
waters of the United States common to the inhabitants or the 
citizens of the United States, upon which we express no opinion, 
the statute may well be considered as an impartial and reasonable 



1891.] PUBLIC DOCUMENT — No. 25. 91 

regulation of this liberty ; and the subject is one which a State 
may well be permitted to regulate within its territory, in the absence 
of any regulation by the United States. The preservation of fish, 
even although they are not used as food for human beings, but as 
food for other fish which are so used, is for the common benefit ; 
and we are of opinion that the statute is not repugnant to the Con- 
stitution and the laws of the United States. 

It may be observed, that § 4398 of the Revised Statutes (a 
reenactment of § 4 of the joint resolution of February 9, 1871) 
provides as follows, in regard to the Commissioner of Fish and 
Fisheries : " The commissioner may take or cause to be taken at 
all times, in the waters of the seacoast of the United States, where 
the tide ebbs and flows, and also in the waters of the lakes, such 
fish or specimens thereof as may in his judgment, from time to 
time, be needful or proper for the conduct of his duties, any law, 
custom, or usage of any State to the contrary notwithstanding." 
This enactment may not improperly be construed as suggesting 
that, as against the law of a State, the Fish Commissioner might 
not otherwise have the right to take fish in places covered by the 
State law. 

The pertinent observation may be made that, as Congress does 
not assert, by legislation, a right to control pilots in the bays, 
inlets, rivers, harbors, and ports of the United States, but leaves 
the regulation of that matter to the States, Cooley v. Board of 
Wardens, 12 How. 299, so, if it does not assert by affirmative 
legislation its right or will to assume the control of menhaden 
fisheries in such bays, the right to control such fisheries must 
remain with the State which contains such bays. 

We do not consider the question whether or not Congress would 
have the right to control the menhaden fisheries which the statute 
of Massachusetts assumes to control ; but we mean to say only 
that, as the right of control exists in the State in the absence of 
the affirmative action of Congress taking such control, the fact 
that Congress has never assumed the control of such fisheries is 
persuasive evidence that the right to control them still remains in 
the State. 

Judgment affirmed. 



92 FISH AND GAME. [Dec. 



[G.] 

LEGISLATION. 

Acts of 1891. 

[Chapter 52.] 

An Act to authorize the proprietors of the new mattakessett 
creeks in edgartown to fish by means of seines in katama bay. 
Be it enacted, etc., as follows : 

Section 1. The Proprietors of the New Mattakessett Creeks in 
Edgartown are authorized to fish by means of seines in that part 
of Katama bay which lies westward of a straight line drawn due 
south from the easterly extremity of Katama point to the south 
beach. 

Sect. 2. This act shall take effect upon its passage. [Approved 
March 6', 1891. 



[Chapter 122.] 
An Act to amend an act for the better protection of lobsters. 
Be it enacted, etc., as follows: 

Chapter two hundred and ninety-three of the acts of the year 
eighteen hundred and ninety is hereby amended by striking out 
after the word " whoever", in the first line, the words " catches 
and", by inserting after the word " body ", in the second line, the 
words : — or has such tail or tails in possession, — by striking out 
the word " a ", at the end of the fourth line, and inserting in place 
thereof the word : — any, — and by striking out, in the fifth line, 
after the word " person ", the words " engaged in catching or tak- 
ing lobsters", so that said chapter as amended shall read as 
follows: — Whoever mutilates a lobster by severing the tail from 
the body, or has such tail or tails in possession, before said lobster 
is cooked shall be punished by a fine of five dollars for each offence ; 
and in all prosecutions under this act the possession, by any per- 
son, of the tail of any uncooked lobster so severed from the body 
shall be prima facie evidence to convict. [Approved March 26, 
1891. 



1891.] PUBLIC DOCUMENT — No. 25. 93 

[Chapter 128.] 

An Act relative to the taking- of smelts in the county of 

nantucket. 
Be it enacted, etc., as follows : 

Section 1. Section fifty-nine of chapter ninety-one of the Public 
Statutes is hereby amended by inserting after the word " Barnsta- 
ble ", in the second line of said section, the word : — Nantucket, — 
so as to read as follows : — Section 59. The two preceding sections 
shall not apply to smelts taken in a seine or net, in the counties of 
Bristol, Barnstable, Nantucket or Dukes County, during the time 
and in the manner in which fishing is allowed for perch, herring or 
alewives. 

Sect. 2. This act shall take effect upon its passage. [Ap- 
proved March 28, 1891. 



[Chapter 135.] 

An Act to prevent the taking of bluefish with nets or seines 
in a portion of the waters of wellfleet in the town of 
wellfleet.. 
Be it enacted, etc., as follows : 

Whoever takes any bluefish in the waters of Wellrleet bay in 
the town of Wellrleet with nets or seines, north and east of Sural - 
ley's bar inside of a line drawn from Smalley's bar buoy east- 
south-east to the eastern shore and west-north-west to the western 
shore, shall forfeit one dollar for each bluefish so taken or be 
punished by a fine not exceeding one hundred dollars. [Approved 
March 28, 1891. 



[Chapter 137.] 

An Act relative to the fisheries in the town of westport. 
Be it enacted, etc., as follows : 

Section three of chapter one hundred and ninety-three of the 
acts of the year eighteen hundred and eighty-seven is hereby 
amended by inserting after the word " taking ", in the second line 
of said section, the words : — at any time except on Fridays and 
Saturdays of each week, — also by inserting after the word 
" waters ", in the fourth line of said section, the words : — except 
on said days, — also by inserting after the word " taking", in said 
fourth line, the words : — except on said days, — so as to read as 
follows : — Section 3. Nothing contained in this act shall apply 
to the taking at any time except on Fridays and Saturdays of 
each week, of mackerel in any way in any of said waters, nor to 



94 FISH AND GAME. [Dec. 

the taking by hand-nets of smelts, herrings or ale wives in any of 
said waters except on said days, nor to the taking, except on said 
days, of smelts, herrings, alewives or perch in that part of West- 
port river north of a line drawn east and west from the south end 
of Caclman's neck in said river. [Approved March 28, 1891. 



[Chapter 142.] 

An Act fixing- the penalty for the taking- or killing of wood- 
cock, GROUSE, QUAIL AND DUCK WITHIN CERTAIN PERIODS. 

Be it enacted, etc., as follows : 

Section 1. Whoever takes or kills a pinnated grouse at any 
time, or a woodcock, or a raffed grouse, commonly called a par- 
tridge, between the first day of January and the fifteenth day of 
September, or a quail between the first day of January and the 
fifteenth day of October, or a wood or summer duck, black cluck 
or teal, or an}' of the so called duck species, between the fifteenth 
day of April and the first day of September, shall be punished by 
a fine of twenty dollars for every bird so taken or killed. 

Sect. 2. Section one of chapter two hundred and seventy-six 
of the acts of the year eighteen hundred and eighty-six, as 
amended by chapter two hundred and ninety-two of the acts of the 
year eighteen hundred and eighty-eight and by chapter two hun- 
dred and forty-nine of the acts of the year eighteen hundred and 
ninety, is hereby repealed. [Approved March 28, 1891. 



[Chapter 138.] 

An Act to include the month of august in the open season 

for trout fishing in the county of hampden. 
Be it enacted, etc., as follows : 

Section one of chapter one hundred and seventy-one of the acts 
of the year eighteen hundred and eighty-four, as amended by chap- 
ter one hundred and ninety-three of the acts of the year eighteen 
hundred and ninety, is hereby further amended by striking out the 
words " and Hampden", in the seventh line of said section, and 
inserting in place thereof after the word "Franklin", in said 
seventh line, the word : — and, — so as to read as follows : — 
The time within which any person is forbidden to take, sell, offer 
or expose for sale or to have in his possession a trout, land-locked 
salmon, or lake trout, by sections fifty-one and fifty-three of chap- 
ter ninety-one of the Public Statutes, shall be between the first day 
of September and the first day of April, except in the counties of 



1891.] PUBLIC DOCUMENT — No. 25. 95 

Berkshire, Franklin and Hampshire, where such time shall be 
between the first day of August and the first clay of April, under 
a penalty of not less than ten and not more than twenty-five 
dollars for each and every violation hereof. [Approved March 
28,1891. 



[Chapter 164.] 

An Act codifying and amending the laws relating to the 

alewife fishery in herring river in the town of bourne. 
Be it enacted, etc., as follows : 

Section 1. The selectmen of the town of Bourne for the time 
being or a major part of them are hereby empowered, in the month 
of March or April annually, to prescribe the time, place or places, 
and the manner of taking alewives in Herring river in the town of 
Bourne, such time not to exceed four days in a week ; and they 
may either appoint some suitable person or persons to take the 
same and fix the compensation to be paid therefor, or they may in 
their discretion annually sell at public auction the right to take 
alewives in said river under such regulations as they may make 
under this section : provided, however, that the inhabitants of the 
town of Sandwich shall have the same rights in the public fishery 
of said river that the inhabitants of said Bourne shall have The 
said selectmen are hereby authorized to offer and pay suitable 
rewards for the detection and punishment of persons violating the 
provisions of this act, and shall be entitled to reimbursement from 
said town of Bourne or from the proceeds of the sale of said right 
to take said alewives, for all sums expended for the said rewards 
or the enforcement of this act ; and the said town of Bourne in 
addition to other purposes authorized by law is authorized to raise 
and appropriate money for enforcing this act. 

Sect. 2. The owners or occupants of clams across said river 
shall annually during such time, not exceeding sixty days in each 
year, as shall be prescribed by the selectmen of said town or the 
major part of them for the time being keep constantly open and 
maintain through, over or around their respective dams a passage- 
way sufficient and proper for the passage of said fish, to the satis- 
faction of said selectmen, under a penalty of not less than ten nor 
more than sixty dollars for each and every twenty-four hours they 
shall neglect to open a passageway as aforesaid ; and the said 
selectmen shall, thirty days at least before the commencement of 
said period, notify in writing the owners or occupants of said dams 
of the time when the said passageways shall be opened and the 
manner in which they shall be constructed and regulated : provided, 



96 FISH AND GAME. [Dec. 

however, that if any owner or occupant shall at any time be dis- 
satisfied with the determination of said selectmen in relation to the 
construction or regulation of such passageways, such owner or 
occupant may, by application in writing to the selectmen of the 
town of Barnstable for the time being, who are hereby constituted 
a committee for that purpose, cause such passageway or passage- 
ways to be fixed, prescribed and regulated in writing by said 
committee ; and such passageway or passageways shall be kept 
open and regulated in width and depth by the owners or occupants 
of said dams and in all respects pursuant to said written determi- 
nation of said committee, under the same penalty as is hereinbefore 
provided ; and the expense of said committee shall be paid by the 
owners or occupants of said dam or dams or by the said town of 
Bourne as said committee shall adjudge. 

Sect. 3. The said selectmen of the town of Bourne, either 
personally or by their agents duly authorized, shall have full power 
and authority to cause the natural course of the stream through 
which said fish pass to be kept open and free of obstructions, 
except the dams aforesaid, and to remove all such obstructions 
except as aforesaid ; and for that purpose as well as for the 
other purposes of this act they or their agents shall have authority 
to go upon the land or meadow of any person through which said 
stream runs, without being deemed trespassers ; and if any person 
or persons shall molest the said selectmen, or either of them, or 
any of their said agents, in the execution of his or their duties 
under this act, or shall obstruct the passage of said fish except as 
aforesaid, the person or persons so offending shall on conviction 
thereof before any court of competent jurisdiction in the county of 
Barnstable, pay a fine for every such offence of not less than ten 
nor more than twenty dollars. 

Sect. 4. Any person or persons taking any of the fish afore- 
said in said river or in the ponds in which said fish cast their 
spawn, at any time or in any place or manner other than shall be 
allowed by said selectmen as aforesaid, or who shall receive such 
alewives knowing or having reasonable cause to believe that the 
same have been taken contrary to the provisions of this act, shall 
for each and every offence, on conviction thereof, pay a fine of not 
less than five nor more than twenty dollars or shall be imprisoned 
in the jail or house of correction for a period not exceeding sixty 
days. The possession of alewives in the woods, swamps and other 
lands, whether public or otherwise, in the town of Bourne bordering 
on the said Herring river or its tributaries or in the buildings over 
or near said river or its tributaries in said town, or in any boat or 
other craft, cart, wagon or other vehicle in or near said river or 



1891.] PUBLIC DOCUMENT — No. 25. 97 

its tributaries, or the pond in which said fish cast their spawn, in 
the town of Bourne, in the months of April, May or June of each 
year, by any person or persons other than those lawfully entitled 
to take the same under said regulations, shall be deemed prima 
facie evidence of an unlawful taking or receiving under the provi- 
sions of this act. 

Sect. 5. Any deputy sheriff, police officer or constable of the 
town of Bourne is hereby empowered to make search for and seize 
in said town without warrant, any of said fish which he has reason 
to suspect were taken at any time or place or in any way prohibited 
by law, together with any boat or other craft, cart, wagon or other 
vehicle, or the cask, barrel or other vessel containing the same, 
which if used in such illegal taking or receiving are hereby declared 
to be forfeited. Said officer immediately after such seizure shall 
give public notice of the same by posting up notices thereof in two 
public places near the place where such seizure was made ; and if 
no person or persons shall appear and claim said fish of such 
officer, within twelve hours after posting said notices, said fish and 
the boat or other craft, cart, wagon or other vehicle, and the cask, 
barrel or other vessel containing the same shall be forfeited, and 
the same shall be sold by public auction, and the net proceeds of 
such sale shall enure to the benefit of the town of Bourne. If a 
claimant for such property shall appear within said twelve hours after 
the posting of said notices the officer shall libel the same according to 
law, or, at the request of said selectmen or any of them shall sell said 
fish or other property at public auction, and libel the proceeds of 
such sale according to law. In case said property or proceeds are 
forfeited the benefit thereof shall enure to said town of Bourne. 

Sect. 6. From and after the passing of this act the inhabitants 
of said town of Bourne at their annual March meeting shall deter- 
mine the quantity of said fish that each family in said town shall 
receive, and establish the price they shall pay therefor. 

Sect. 7. One-third of all the forfeitures incurred by virtue of 
this act shall be paid to the person or persons giving information, 
and the remaining two-thirds to the town of Bourne, to be recov- 
ered in an action of contract in any court having jurisdiction of 
the same, to be brought by the treasurer of said town, or, if said 
treasurer shall neglect to bring such action for a space of ten days 
after being thereto requested, by the person or persons giving the 
information, in the name and for the sole benefit of such person or 
persons. 

Sect. 8. Chapter one hundred and twent}^-six of the acts of 
the year eighteen hundred and thirty-four, chapter ninety-five of 
the acts of the year eighteen hundred and fifty- three and chapter 



98 FISH AND GAME. [Dec. 

two hundred and two of the acts of the year eighteen hundred 
and eighty-nine are hereby repealed. 

Sect. 9. This act shall take effect upon its passage. [Ap- 
proved March 31, 1891. 



[Chapter 203.] 
An Act relating to the fisheries in weweantit river. 
Be it enacted, etc., as folloivs : 

Section 1. Section three of chapter one hundred and forty-one 
of the acts of the year eighteen hundred and seventy-seven, is 
hereby amended by striking out the words " sawdust or other 
obstruction to the free passage of the said fish or any", so as to 
read as follows : — Section 3. Any person or persons, company 
or corporation who shall cause or permit any drugs, dye-stuffs, 
acids, alkalies or any other substance destructive of the life of 
shad or alewives, to be deposited in or flow into said river or its 
tributaries at any time of the year shall pay a fine of twenty-five 
dollars for each and every offence so committed. 

Sect. 2. This act shall take effect upon its passage. [Approved 
April 17, 1891. 

[Chapter 254.] 
An Act relating to evidence . in cases of violation of cer- 
tain GAME LAWS. 
Be it enacted, etc., as folloivs: 

Section six of chapter two hundred and seventy-six of the acts 
of the year eighteen hundred and eighty-six is hereby amended by 
adding, at the end of said section, the words : — and the construct- . 
ing or setting of any trap, snare or net adapted for the taking or 
killing of a game bird, water fowl, hare or rabbit, upon premises 
frequented by such game bird, water fowl, hare or rabbit, shall be 
presumptive evidence of such constructing and setting with intent 
to take and kill contrary to law, — so that said section as so 
amended shall read as follows : — Section 6. Whoever takes or 
kills a game bird or water fowl, hare or rabbit by means of a trap, 
net or snare, or by the use of a ferret ; and whoever, for the pur- 
pose of taking or killing a game bird, water fowl, hare or rabbit, 
constructs or sets any trap, snare or' net, or uses a ferret ; and 
whoever shoots at or kills any wild fowl or any of the so called 
shore, marsh or beach birds with or by the use of a swivel or pivot 
gun, or by the use of a torch, jack or artificial light, or pursues 
any wild fowl with or by aid of a sailboat or steam launch, shall 
be punished by a fine of twenty dollars ; and the constructing or 



1891.] PUBLIC DOCUMENT — No. 25. 99 

setting of any trap, snare or net adapted for the taking or killing 
of a game bird, water fowl, hare or rabbit, upon premises fre- 
quented by such game bird, water fowl, hare or rabbit, shall be 
presumptive evidence of such constructing and setting with intent 
to take and kill contrary to law. [Approved April 28, 1891. 



[Chapter 327.] 
An Act relating to the fisheries in buzzard's bay. 
Be it enacted, etc., as follows : 

Section 1. Nothing contained in chapter one hundred and 
ninety-two of the acts of the year eighteen hundred and eighty-six 
or acts in amendment thereof, shall be construed to interfere with 
the corporate rights of any fishing company located on Buzzard's 
bay, nor in any way to affect the fish weirs mentioned in section 
seventy of chapter ninety-one of the Public Statutes, nor the use 
of nets or seines in lawful fisheries for shad or alewives in influent 
streams of said bay. 

Sect. 2. Section four of said chapter one hundred and ninety- 
two and all acts and parts of acts inconsistent herewith are hereby 
repealed. [Approved May 13, 1891. 



Eesolutions relating to the adoption of uniform laws for 

the protection of food fishes in the new england states. 

Whereas, There are great variations in the laws of Maine, New 
Hampshire, Vermont, Rhode Island, Connecticut and Massachu- 
setts, regarding the protection of food fishes, and as a law the 
same for all the states herein named would be of benefit to all 
interested, therefore be it 

Resolved, That the senate and house of representatives of the 
Commonwealth of Massachusetts, in general court assembled, 
request the commissioners on inland fisheries and game to confer 
with the proper authorities of the states of Maine, New Hampshire, 
Vermont, Rhode Island and Connecticut, with a view to securing 
the adoption of uniform laws to protect the food fishes of the 
states named. 

Resolved, That the commissioners on inland fisheries and game 
be and are hereby requested to report the result of their conference 
to the general court of the year eighteen hundred and ninety-two. 

Resolved, That copies of these resolutions be forwarded to the 
governors of the states of Maine, New Hampshire, Vermont, 
Rhode Island and Connecticut. 

In Senate, adopted May 18, 1891. 

In House of Representatives , adopted in concurrence, Junel, 1891 . 



100 FISH AND GAME. [Dec. 



[H.] 
LIST OF PONDS LEASED 

By the Commissioners on Inland Fisheries, under Authority given by 
Chap. 384, Sect. 9, of the Acts of 1869. 

1872. 

Jan. 1. Sandy Pond, Forest Lake, or Flint's Pond, in Lincoln, to 
James L. Chapin and others, 20 years. 

1874. 

March 2 Upper Naumkeag Pond, in Ashburnham, to inhabitants of 

Ashburnham, 20 years. 
May 20. Unchechewalom and Massapog Ponds, to the inhabitants of 

Lunenburg, 20 years 
July 11. Hazard's Pond, in Russell, to N. D. Parks and others, 20 

years. 

1875. 

May 1. Chilmark Pond, in Chilmark, to J. Nickerson and others, 

agents, 20 years 
July 1. Haggett's Pond, in Anclover, to inhabitants of Andover, 20 

years. 
Aug. 1. Oyster Pond, in Edgartown,to J II Smith and others, 20 

years. 

1876. 

May 20. Lower Naumkeag Pond, in Ashburnham, to inhabitants of 
Ashburnham, 18 years. 
28. Phillipston Pond, in Phillipston, to inhabitants of Phillips- 
ton, 20 years. 

1877. 

March 1. Nine-mile Pond, in Wilbraham, to inhabitants of Wilbraham, 
15 years 
15 Pentucket and Rock Ponds, in Georgetown, to inhabitants of 
Georgetown, 15 years 
Oct. 1. Fort, Great Spectacle and Little Spectacle Ponds, in Lancas- 
f ter, to inhabitants of Lancaster, 20 years. 

1. Magog Pond, in Acton and Middleton, to inhabitants of 
Acton, 15 years. 

1878. 

Jan. 1. Sniptuit, Long, Snow and Mary's Ponds, in Rochester, to 

inhabitants of Rochester, 15 years 
March 16. Asnaconcomic Pond, in Hubbardston, to Amory Jewett, Jr., 

15 years. 
May 1. Bear Hill Pond and Hall Pond, in Harvard, to inhabitants of 

Harvard, 15 years. 
Oct. 1. Ell Pond, in Melrose, to J. A. Barrett and others, 15 years. 



1891.] PUBLIC DOCUMENT — No. 25. 101 

1879. 

July 1. Fresh Pond, in Falmouth, to Thomas H. Lawrence, 20 years. 

Oct. 1. Pomp's Pond, in Andover, to inhabitants of Andover, 15 

years. 

Nov. 1. Lake Quinapowitt, in Wakefield, to inhabitants of Wake- 
field, 14 years. 

1880. 

March 1. Lake Winthrop, in Holliston, to inhabitants of Holliston, 15 

years. 
June 1. Jordan Pond, in Shrewsbury, to inhabitants of Shrewsbury, 

15 years. 
July 1. Swan and Martin's Ponds, in North Reading, to inhabitants 

of North Reading, 15 years. 

1881. 

Jan. 1. Great and Job's Neck Ponds, in Edgartown, to Amos Smith 

and others, 15 years. 
April 1. Long Pond, in Biandford, to Samuel A. Bartholomew and 

another, 15 years. 
May 2. Nonesuch Pond, in Weston and Natick, to W. A. Bullard 

and others, 15 years. 

1882. 

March 1. Blair's Pond, in Biandford, to Curtis M. Blair and another, 

15 years. 
April 1. Ward Pond, alias Wightman Pond, in Ashburnham, to 

Herbert F. Rockwood and another, 15 years. 
May 1. Horn Pond, in Woburn, to inhabitants of Woburn, 15 years. 
June 1. Wickaboag Pond, in West Brookfield, to inhabitants of 

West Brookfield, 15 years. 

1883. 

April 6. Fresh Pond, in Tisbury, to Allen Look and others, 15 years. 

23. Keyes Pond, in Westford, to M. H. A. Evans, 15 years 
May 7. Singletary Poncl, in Sutton and Millbury, to towns of Sutton 
and Millbury, 15 years. 
7. The Great Pond, in Ashtield, to town of Ashfield, 15 years. 
July 1. Lake Buell, in Monterey and New Marlborough, to town of 
New Marlborough, 10 years. 

1884. 

July 15. Asneybunskeit Pond, in Paxton, to inhabitants of Paxton, 
10 years. 
15. Center Pond, in Dennis, to inhabitants of Becket, 10 years. 
15. Buckmaster Pond, in Dedham, to Francis Soule and others, 

10 years. 
15. Fresh Pond, in Dennis, to inhabitants of Dennis, 10 years. 
* 17. Farm Pond, in Cottage City, to John C. Hamblin and 
others, 15 years. 
18. Mashpee, Great and Wakeley Ponds, in Mashpee, to inhabi- 
tants of Mashpee, 10 years. 
Aug. 30. Sand Pond, in Ayer, to inhabitants of Ayer, 15 years. 
Sept. 5. Great Pond, in North Andover, to inhabitants of North 
Andover, 15 years. 



102 



FISH AND GAME. 



[Dec. 



LOBSTER RETURNS. 







p, 




-bear- 

bsters 
to the 
ive. 








CJ0_^ 


if. - ~Z ~p. 


PROPRIETOR. 


TOWX. 


H 










<*- t; 




v. =-2 






c <n 


o S 


c tcC <a 






d 3 


6 at 


c-22£ 






"A 


X 


fc 


Graciano Rio, . . ^ 










Joseph Rogers, 










Antoine Francis, 










John 0. Locke, . [> 


| Boston, . 


695 


51,941 


1,391 


Joaquin Ferreira, . 










Jose Alberto, . 










Peter Sylvia, . . J 










Alexander Sargent, "| 










Allen B. Robinson, . } 


Bay View, 


215 


18,170 


1,073 


Geo. Sargent, . . J 










Henry Taylor, 










Isaac Walker, . 










Lyman Sears, . 










Wilfred Keene, 










B. P. Williamson, . }> 


Brant Rock, 


593 


36,236 


752 


W. H. Tallman, 










D. B. Blackman, 










Thomas Pezzy, 










Henry Phillips, . J 










J. H Very, . . 1 










Charles Foster, . ! 
John Galloway, . j 


Beverly, . 


216 


20,234 


899 


Thomas Neville. . J 










Frank C Leonard, . ? 
A. A. Nightingale, . S 


Bournedale, 


123 


4,445 


160 


A. L. Ellis, 


Barnstable, 


30 


1,836 


56 


Chas. Boutin, . . ^ 








. 


Levi Thurston, 










Chas. Rogers, . . } 


Chiltonville, . 


231 


22,740 


630 


H. A. Jordan, . . . | 










R. F. Swift, . . J 










Robert Ainsley, . | 










Manuel S. Thomas, . 










J. S. Enos, 










John Ferreira, 










M. Maxim, 








• 


Wm. Deane, . 










Levi Cadoza, . . } 


Cohasset, . 


775 


104,034 


2,045 


M. S. Almas, . 










Warren White, 










H E. White, . 










Joseph Jason, Jr., . 










John Sylvia, . 










Joseph Vanclura, . ) 











1891.] PUBLIC DOCUMENT — No. 25, 

Lobster Returns — Continued. 



103 



PKOPRIETOK. 



© <v 



.O »j C > 



2 £ 5 

o tec's 



Hiram Luce, . 
Onslow Stuart, 
Edward Mayhew, 
Clarence Cleveland 
Hillard Mayhew, 
Franklin Tilton, 
Wm, Mayhew, 
L. C. Atheron, . 
J. D. Tilton, . 
Sevrnour Patterson, 
T. H. Keene, . 
Harrison Gould, 
Geo. W Bloomer, 
W. A. Bloomer, 
Reuben Bearse, 
Edmund Rider, 
Francisco Bloomer, 

D. P. Clark, . 
Wm. R. Bloomer, 
Frank B. ISickerson 
J. W. Tilton, . 
Eugene Brightman, 
Russell W. Rotch, 
Timothy Akin, 

C. C. Allen, . 
O. H. Stetson, . 
J. H. Tilton, . 
Frank B. Veder, 
Frank Peters, . 
Otis Eldredge, . 
Timothy Akin, Jr., 
Francis Hitchins, 
Thomas Halloway, 
Wilber Patterson, 

E. F. Mayo, . 
Elias Gould, . 
J. D. Bloomer, 
David Rogers, . 
J. M. Snow, . 

F. E. Phillips, . 
Thomas Frame, 
Edmund Marsh, 

G. M. Peterson, 
Isaac Symmes, 

E. J. Smith, 
W. J. Turner, . 
Jabes Grigg, . 

F. H. Pratt, . 
O. C. Hunt, . 

F. E. Wardsworth, 



C nil mark, 



Chatham,. 



Cuttyhunk, 



Duxburv, 



So. Duxbury 



187 



720 



14,614 



1,535 



25,106 



1,621 



70 82,793 



3,923 



55 



493 



,274 



51,979 



149 



663 






104 



FISH AND GAME. 

Lobster Returns — Continued. 



[D 



ee. 



i 






■g 


r -i: 


PROPRIETOR. 


TOWN. 


C3 




- — ~ - 

it ■ c — S 
if 3 a- w 

M — = •_, 






o 5 


oS 


o &c-5 * 






6 p 


6 w 


o .2 n ? 






fc 


Sq 


« 


C. E. Peterson, . \ 
G. F. Freeman, 


















W. E. Peterson, 

James K. Burgess, . [ 


So. Duxbury, . 


493 


54,979 


663 


W. E. Freeman, 










J. W. Peterson, . j 










John L. Gifford, . \ 
Tallman Gifford, . S 


Dartmouth, 


50 


3,117 


352 


Albert Swain, . . * . 


Fairhaven, 


18 


233 


19 


James Cooper, . ^ 










J. H. Foster, . 










Freeman Smith, 










B. Altaguin, . 










Moses Cooper, 










Francis Manning, . 
Amos P. Haskins, . 


Gay Head, 


394 


25,049 


3,972 


Wm. Cook, 










R. P. Reed, . . 










C. H. Ryan, . 










Wyman Vincent, . 










L.E.Cottle, . . J 










Melvin Parsons, . \ 










Joseph Parsons, 










C. A. Parsons, . . | 










Samuel Tarr, . . 










E. F. Parsons, . 










A. & H. Parsons, . \ 


Gloucester, 


600 


61,686 


2,226 


Nelson Rowe, . 










Everett L. Small, . 










Warren Osier, . 










David N. Mehlman, 










Robert L. Douglass, J 










Chas. Peterson, . \ 










Geo. Delano, . 










B. F Simmons, 










Chas. Tolman, . \ 


Green Harbor, 


307 


18,898 


588 


Geo. Sampson, 










E. R. Lapham, 










H. P. Tolman, . . J 










John C. Augustus, . \ 










David Souther, 










M. D. McDonald, . 










John H. Smith, 










John Reed, 










G. T. Augustus, . \ 


Hull, 


1,355 


112,480 


3,869 


B. F. Pope, . 










F. Smith, . 










A. Galiano, 










A. B. Cleverley, 










H. B. Mitchel, . . J 











1891.] 



PUBLIC DOCUMENT — No. 25. 



105 



Lobster Returns — Continued, 



PROPRIETOR. 









0-3 fc.P- 



A. B. Mitchel, . 
Eben Pope, 
Andrew Pope, . 
Geo. L. Hatch, 

F. S. & R. James, 
Rust & Grant, . 
W. B. Atkinson, 
E. A. Ransome, 
J. J. Woodbury, 
John W. Roberts, 

G. H. Woodbury, 

A. W. Ryley, . 
Elias Haraden, 
Adison Woodbury, 
Ezra Haraden, 

C. S. Stone, 

Ed ward , Lafreniere 

E. L. Story, 

J. B. Knowlton, 
W. S. Douglass, 
David Worth, . 
Frank Story, . 
John G. Burnham, 
Dodge & Brown, 
S. Q Smith, . 
J. W. Coffin, . 
W. B. Dennis, . 
Sans Standley, 
J. G. Stacy, 
John Florence, 

F. A. Frost, 
W. J. Dodd, . 
J. H. Atkins, . 
R. T. Millett, . 
Chas. Smethmest, 
J. T. Adams, . 
John Smithers, 
W. H. Tutt, . 

B. F. Stevens, . 
J. S. Stone, 
Stephen Perkins, 

E. A. Keene, . 
Samuel Hooper, 
A. L. Holmes, . 
L. B. Briggs, . 
Rufus Ellis, . 
Samuel Bartlett, 
Henry Dodge, . 
Thomas Jordan, 

F. R. Peterson, 



Hull, 

Ipswich, . 
Kingston, 

Lanesville, 

Lynn, 

Magnolia, 



1,355 

43 

50 

256 

57 

260 



Marblehead, 



Manomet, 



702 



693 



112,480 

5,189 
1,745 

22,711 

4,165 

26,819 



3,869 

100 
12 

759 



1,079 



55,576 



50,771 



1,638 



2,735 



106 



FISH AND GAME. 

Lobster Returns — Continued. 



[Dec. 







to 

p. 


o 


-bear- 
bsters 
to the 
ive. 






ej 


f$M 


bc^'d'S 


PROPRIETOR. 


TOWN. 


£.1 

o <S 










6 § 


o« 


6-5 2£ 






.to 


to 


to 


John F. Bartlett, . "| 










Wm. Harlow, . 










Harry A. Thomas, . 










F. B. Holmes, . 










G. W. Holmes, 

A. C. Sampson, . •" 


Manomet, 


693 


50,771 


2,735 


Wallace Nightingale, 










C. H. Dixon, . 










W. H. Peterson, 










Walter Chase, . . J 










Warren E. Heath, . \ 










James McNeary, . | 










Chas. Sargent, . . \ 


Manchester, 


108 


9,847 


421 


Lewis Sargent, 










Chandler Lewis, . J 










Andrew Hiller, . \ 










F. A. Bowman, 






- 




J. J. Nye, . . ! 
Lilburne Hiller, . ( 


Mattapoisett, . 


157 


3,852 


519 


W. K Perry, . . | 










W. L. Richmond, . j 










Benj. Atwood,. . \ 










John Johnson, 










Carl Place, 










Chas. Bates, . . )■ 


Nantasket, 


294 


29,059 


945 


J E. Nickerson, 










Wm. Norcross, 










John Watkins, . . J 










Samuel Covell, . 1 










J. W. Taylor, . . ! 
C. W. Taylor, . . [ 


Nahant, . 


170 


16,305 


325 


C. E. Gove, . . J 










J. F. Ramsdell, . ( 

A. & C. Brooks, . S 


Nantucket, 


59 


2,363 


57 


F. H. Hayden, . 


Orleans, . 


30 


889 


121 


Jabez Kendall, . "| 










C. Morgan, 










F. Johnson, . . } 


Pigeon Cove, . 


340 


30,664 


883 


Wm. Fears, 










E. Lewis & Son, . J 










A. R. Gorham, \ 










Geo. Atwell, . 










W. H. Phinney, 










Cornelius Briggs, . 










A. M. Watson, Jr., . \ 


Plymouth, 


850 


87,934 


2,518 


S. J. Valler, . 










James Deacon, 










H. L. Sampson, " . 










Geo. Manter, . 











1891.] PUBLIC DOCUMENT — No. 25, 

Lobster Returns — Continued. 



107 









O 


u " s 






p. 


- g 


*2B> 






OS 


cc^ 


^S'S'S 


PROPRIETOR. 


TOWN. 


O a> 


O a> 


be J 2 . 
W £ S3 






© s 


6 « 


©.a mp- 






K 


fc 


fc 


Geo. T. Bennison, . "| 










J. P. Thurston, 










John M. Watson, 










B. F. Hodgiss, . 










A. M. Watson, 










Augustus Rogers, . 










Wm. Covington, . } 


Plymouth, 


■ 850 


87,934 


2,518 


D. W. Nightingale, . 










E P. Bartlett, . 










Isaac H. Valler, 










Samuel Burgess, 










J. H. Bagnell, . 










John B. Walker, . 

J. C. Lenten, . . "| 


















J. W. Savage, . . | 










D. Newcomb, . . } 


Provincetown, . 


208 


4,724 


856 


F. M. Bowley, . . | 










Wm B. Loring, . J 










Oliver D. Griffin, . \ 










Wm. Stillman, . 










Amos Lufkin, 










Geo. J. Wendell, . 










J. B. Parsons, . 










Harvey Pool, . . )> 


Rockport, 


605 


37,268 


1,470 


Samuel Perkins, 










W. A. Winn, . . | 










Geo. E. Wendell, . 










Wm. Knights, . 










Wm. Day, . . J 










Josiah Nickerson, . "J 










T. E. Stone, . 










Alfred Watts & Co., 










Geo. Martin, . 










J. Frank Blaney, 










L. Woodoury, . . ! 

Nathaniel Pierce, . j 


Swampscott, . 


354 


61,741 


641 


G. A. R. Horton, 










Stephen Hammond & 1 










Co. 










Walter Jones, . 










E. Marsh, Jr., 


J 










C. H. Berry, 


. 1 










W. P. Foye, 
John Clark, 


' \ 


Salem, 


280 


18,063 


350 


H. G. Tucker, 


' : \ 










G. F. Edson, 










John Duffey, 
J. F. Cushman, 


i 

• > 


Scituate, . 


890 


74,115 


3,778 


Jesse Spooner, . j 











108 



FISH AND GAME. 

Lobster Returns — Concluded. 



[Dec. 









O 

^ A 


,i in a) 

« o ^ . 






p. 


85, « 


■?.fi2£ 


PROPRIETOR. 


TOWN. 






beO'O'p 
W g §3 






o^ 












© o 


o fcp«^ 






6 s 


dlo 








3 


S3 


% 


Francis Mulkerne, . ^ 










Robert 0. Hearne, . 










James Doherty, 










Wm. Supple, . 










E. P. Pratt, 










Daniel Ward, . 










James Hughes, . } 


Scituate, . 


890 


74,115 


3,778 


John Welch, . 










Thomas Dwyer, 










John Barry, 










Wm. Ward, . 










D. P. Sylvester, 










John Conroy, . 










Geo. W. West, . S 










Stephen Flanders, . > 


Squibnocket, . 


65 


3,335 


371 


A. A. Flanders, . ) 










Harlow & Chandler, 


Sagamore, 


120 


4,995 


162 


Wm. B. Luce & Co., 


No. Tisbury, . 


25 


99 


10 


F. F. Long, 


Vineyard Haven, 


35 


665 


90 


C. H. Collins, . 


No. Truro, 


15 


241 


31 


John Stephenson, . ^ 










W. E. Wyman, . j 










J. B. Wyman, . 










G. W. Wyman, . ! 
John Wardsworth, . j 


Winthrop, 


597 


56,128 


2,363 


Treworgy Bros., 










Alva Belcher, . 










Samuel Belcher, . J 










B. E. Stuart, . . ) 










J. F. Cook, . . ! 
J. K. P. Purdum, . [ 


Wood's Holl, . 


117 


7,814 


802 


O. C. Grinnell, . J 










G. A. Gilford, . . ^ 










H. F. Hill, . . ' 
J. W. Manchester, . j 


Westportv] 


131 


9,789 


1,009 


T. J. Brightman, . J 


. 








Total men, 327, 


15,448 


1,292,791 


49,973 



1891.] 



PUBLIC DOCUMENT — No. 25, 



109 



Comparison of Returns of Lobster Fisheries. 



YEAR. 


No. of 
Men. 


No. of 
Traps. 


No. of Large 
Lobsters. 


No. of Egg-bear- 
ing Lobsters 
returned to the 
Water alive. 


1889, 


344 


20,016 


1,359,645 


61,832 


1890, 


379 


19,554 


1,612,129 


70,909 


Increase of 1890 over 1889, . 


35 


- 


252,484 


9,067 


Decrease of 1890 below 1889, 


- 


462 


- 


- 


Totals of 1881, 


327 


15,448 


1,292,791 


49,973 


Increase of 1891 over 1890, 


- 


- 


- 


- 


Decrease of 1891 below 1890, 


52 


4,106 


319,338 


20,936 



110 



FISH AND GAME, 



[Dec. 



[J.] 
POUNDS AND WEIRS, 



1891. 













si 




to 
co 
















a 




C3 




1 










co 


"C 


o 


pq 




PROPRIETOR. 


TOWN. 


a 
o 
E 

c3 


T3 

.a 


> 

% 
<0 


3 
W 


c3 

a 

CD 


-a 




o 

a 






QQ 


co 


< 


CC 


S 


co 


CO 


m 


T. L. Mayo, 


Barnstable, 






133,200 




. 


_ 


_ 




Freeman Atwood & Son, ) 
James Eldredge, . ) 


Brewster, . 


" 


33 


- 


- 


~ 


69 


- 




Antonie Sydney, 




Cohasset, . 


- 


- 


- 


- 


- 


- 


- 




G>. W. Gould & Son, . 


1 




















Andrew Harding & Cc 


., 




















Reed, Loveland & Co. 


1 




















S. F. Bearse, 


> 


Chatham, . 


1 


18,284 


436,986 


302,419 


618,125 


25 


67,078 


9 


G-. W. Crowell, . 






















W. R. Bloomer, . 


1 




















Alpheus Mayo, . 


J 




















R. Flanders & Co., . 
H.O.Pool &Co., 




Chilmark, . 


- 


92 


5,545 


25,100 


5,255 


- 


31,478 


5,59 


W. A. Gifford, . 


1 




















J. F. Briggs, 






















Ephriam Akin, . 


> 


Dartmouth, 


- 


730 


639,696 


893 


40,115 


714 


183,253 


36,81 


J. H.& John Manchester, j 
Wait, Smith & Backus, J 






































Geo, Priaulax, . . 1 




















Nicholas Priaulax, 






















Benjamin Queriple, 
E. D. Howland, . 


> 


So. Dartmouth, 


- 


341 


185,135 


5,641 


32,670 


106 


262,562 


13,00 


W. S. Mathews, . 






















Geo. A. Snell, . 


j 




















A. T. Chase, 


> 




















Zenas H. Baker, . 


( 


Dennis, 


- 


2,133 


109,946 


37,976 


30,481 


1 


50,674 


19 


Thatcher Kelley, 


) 




















Peter Higgins, 
N. M. Knowles, . 


I 


Eastham, . 


- 


- 


16,594 


75,400 


1,400 


- 


- 




Isaiah Spindell & Co., 
John Rogers, 


1 


Falmouth, . 


- 


187 


154,512 


25 


65,571 


- 


546,564 


17,22 


A, W. Allen, 




Fall River, 


- 


17 


17,950 


26 


- 


3 


670 


3,44 


Peter B. Davis, . 


i 




















Jason Luce & Co., 


I 




















1 imothy Akins, Jr., 
H. J. Allen, 
J. P. Holmes, 






















> 


Gosnold, . 


] 


250 


9,556 


120 


5,587 


- 


978,088 


11,17 


A. B. Veeder & Co., 






















Church & Keeneg, 






















C.C.Allen,. 






















John Manley, 






















Clarence Tibbetts, 


- 




















Douglas & Hodgkins, 






















B. S. Brazier, 


y 


Gloucester, 


1 


102 


80,010 


48,448 


102,744 


1 


3 




Geo. W. Douglass, 






















Joseph Parsons, . 


. 




















B Luce & Co., . 
Wm.L. Pease, . 


s 


Gay Head, 


- 


12 


922 


724 


7,157 


35 


60,303 


3,89 


D. F. Weeks & Co., 




Harwich, . 


_ 


959 


34,125 


23,800 


58,700 


16 


31,088 


59 


Cyrus Nickerson, 




South Harwich, 


- 


220 


2,345 


11,010 


31,800 


- 


14,660 


24 


W. K. Perry, 
Byron P. Dunn, . 


: \ 


Mattapoisett, . 


_ 


29 


6,738 


280 


4,495 


47 


45,489 


1,84 


A. B. Bowman, . 


) 




















Jones Bros., 

C. W. Heath 8s Co., 


i 


Manchester, 


" 


- 


41,426 


249,211 


144,445 


- 


- 




Frank Tarr, 
Alfonzo Tarr, 


: f 


Magnolia, . 


" 


22 


11,152 


212,180 


158,398 


- 


3 




Timothy L. Mayo, 




Nahant, 


~ 


— 


" 


283,200 


22,720 









1891.] 



PUBLIC DOCUMENT — No. 25, 



111 



POUNDS AND WEIES. 

1891. 



rd 

m 

a 


00 
GO 

c3 

pa 

c3 

m 


1 

"3 

M 


OB 
00 

p 


o 
D 


6 

'3 
o 

n 


M 
a 

M 


05 

u 

M 

o 


2 
m 


00 

0) 

B 

5 • 


o 
a 


Jft 


CO 

H 


!2 


15 

Jb 

O o 


_ 


- 


42,462 


_ 


4 


_ 


39 


229,624 


- 


49 


671 


1,195 


_ 


10,400 


5 


- 


- 


- 


- 


- 


5 


1 


44,527 


- 


3,228 


9 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


4,041 


1,270 


- 


11 


1,096 


221,802 


5 


58 


2 


- 


303,946 


- 


109 


320 


35,365 


1,056 


262,955 


1,092 


65 


5,587 


14,621 


- 


95 


3,325 


- 


2,469 


10 


415 


112 


17,294 


- 


5,646 


- 


131 


105 


92,034 


795 


164 


68 


169 


1,432 


15 


1,470 


3,446 


65,644 


69 


25,454 


34,210 


2 


110 


229,950 


8,654 


4 


13 


- 


14,270 


39 


276 


15,275 


81,560 


965 


52,739 


21 


112 


27 


39,383 


1 


7 


948 


- 


164,613 


3 


582 


258 


4,769 


88 


78,422 


905 


- 


- 


1,710 


- 


- 


4 


- 


56,218 


- 


7,470 


- 


7,974 


- 


1,300 


- 


37 


20,143 


234,763 


- 


1 


1,579 


- 


7,235 


37 


2,756 


3,585 


8,203 


- 


149,167 


200,000 


3 


160 




~ 


- 


~ 


- 


~ 


~ 


- 


285 


2,000 


~ 


- 


- 


58 


39,767 


208,217 


4,169 


239 


5,703 


102 


4,707 


3 


834 


679 


11,332 


- 


44,624 


169,710 


- 


- 


31,933 


- 


36 


251 


1 


422,544 


- 


38 


11 


- 


- 


77,511 


9,670 


28 


5,357 


23,509 


1,427 


27 


3,450 


_ 


2,771 


11 


411 


41 


15,831 


_ 


7,460 


m 


143 


322 

389 


25,899 
17,155 


• - 


- 


3 


- 


9,750 
2,990 


- 


348 
222 


494 
423 


5,761 
1,707 


14 


93,111 

176,400 


939 


46 


20 


42,830 


64 


- 


- 


- 


667 


6 


89 


1,249 


3,610 


781 


4,164 


5,649 


- 


- 


34,654 


- 


222 


- 


- 


167,084 


- 


2 


- 


- 


- 


- 


54,750 


- 


• - 


32,919 


- 


935 


- 


63 


198,330 


- 


48 


22 


57 


- 


- 


61,099 


" 


~ 


2,100 


- 


- 


- 


3 


98,176 


- 


- 


- 


- 


- 


- 


- 



112 



FISH AND GAME. 



[Dec. 



Pounds and Weirs — Concluded. 













cc 


bj) 

.5 


a 


m 
m 

ss 




3 
60 


PROPRIETOR 




TOWN. 



o 

5 


T3 


"% 




r3 




ft 










"3 


C3 


© 






'£ 













m 


m 


-A 


m 


GO 


GO 


DQ 


J. 0. P. ITarvender, 


1 




















T. K. Paine, 






















Henry J. Lewis, . 
Solomon Bangs, . 


• 


Provincetown, . 


- 


2,738 


71,000 


2,318,475 


443,029 


10 


157 


12 


J. A. Lewis, 


: J 




















Robert E. Corn well, 




















H. B. Cash, . 
W. J. Fisher, 


i 


Nantucket, 


- 


13 


91 


- 


12 


- 


717 


31 


Warren Cove Weir C( 


>., . 


Plymouth, 


- 


- 


- 


- 


- 


- 


- 


- 


J. B. Parsons, 




Rockport, . 


- 


- 


- 


5,700 


10,000 


- 


- 


- 


Joshua Smith, 
Robert S. Perry, . 


i 


Sandwich, 


- 


51 


3,665 


1,350,042 


113,212 


1 


56 


1 


Frank Luther, 
John Simmons, . 


i 


Somerset, . 


- 


1 


15,842 


- 


- 


6 


- 


5 


Thomas Neville, . 




Salem, 


- 


- 


- 


71,500 


13,373 


- 


- 


- 


Obed S. Daggett, 




No. Tisbury, . 


- 


118 


- 


35,439 


24,603 


362 


16,226 


946 


R. A. Rich, . 


i 




















S.B. Atwood, . 
P. L. Paine, 


\ 


Truro, 


- 


174 


32,657 


2,652,403 


6,067 


- 


54 


15 


Solomon B. Rich, 


j 




















Atkins & Hughes, 




No. Truro, 


- 


- 


- 


1,754,700 


1,200 


- 


- 


- 


Oscar B. Bradley, 




Vineyard Haven, 


- 


- 


667 


- 


- 


10 


1,305 


71 


N. B. Rich, . 




Wellfleet, . 


- 


- 


- 


379,200 


- 


- 


- 


- 


J. M. Soule, 




Westport, . 


- 


- 


3,139 


- 


- 


- 


- 


- 


Chas. F. Hitt, . 




So. Westport, . 


- 


- 


2,133 


- 


- 


- 


- 


- 


C. B. Coombs & Co., 


i 
j 




















P. M. Stuart, 
Isaiah Spindell, . 


Wood's Holl, . 


,- 


81 


24,075 


1,000,000 


35,697 


7 


869,008 


3,554 


J. J. Veeder, 




















Totals, 87, . 


3 


26,587 


2,039,107 


10,643,504 


1,976,856 


1,413 


3,160,446 


98,749 



1891.] 




PUBLIC 

Pounds 


DOCUMENT — No. 25. 

and TFetVs — Concluded. 






113 


cd 

bD 

a 


IE 

a 

n 

c8 


,d 

sd 

3 

w 


OQ 

sd 

QQ 
O 


T3 

O 

O 


d 

'5 
o 
PQ 


o 

a> as 

w 




3 
m 


A 
m 

5 


b!) 
O 

"3 

a 


-d 
£«d 

.§3 

I? 




T3 

GQ 


3 00 

o S 


6 

506 
6 

54 


18 

1 

2,506 

_ 

1,645 


109,110 

4,465 

33,164 

12,072 
13,872 

3,330 

6,900 

24,345 


490 
57,754 

1,059 
6,000 


448 

104 

213 

3,037 

1,438 
110 

102 


1,373 

1 

7 

14 

1,896 

76 

81 


635 

56 

682 

691 
17 


300,985 

1,203 

56,564 
12,635 

239,235 

14,561 
450 

273,268 

356,341 

46,665 

12,554 


7 
1 

43 

148 


1,855 

2,924 
25 

36 

10 
661 

1,419 

2,300 
37 

741 


2,606 

546 

39 

45 
859 

207 

6 

2,288 


29,678 

1,936 
1,334 

5,365 

16,496 

14,304 
5,334 

20 
12,747 


932 

6,839 
410 

49 

2,088 
179 


22,600 

18,207 

287 
10,732 

39,995 

24,490 
6,490 

36 
13,185 


3,877 

22,685 
4,471 

200 
511 


1,208 


77,249 


1,501,199 


80,418 


7,244 


18,799 


2,459 


3,045,814 


323 


28,355 


33,476 


389,416 


17,511 


1,126,645 


569,794 


») 































114 



FISH AND GAME, 



[Dec. 



[K] 
GILL AND SWEEP NETS. 



1891. 











oo 


be 

.2 


a 


to 
m 

cS 

M 


I 


PROPRIETOR. 


TOWN. 


a 
o 

a 


T3 


> 






T3 


St 






rt 


o 


rt 




"C 


p 






w. 




< 


CQ 


S 


OQ 


CQ 


C. C. Bearee, .... 


Barnstable, 










561 


2 


. 


David B. Shove, 




Berkley, . 


- 


125 


115,000 


- 


- 


- 


- 


Howard Winslow, . 




Brewster, . 


- 


- 


2,600 


- 


- 


- 


- 


Alexander Sargent, . 




Bay View, 


1 


216 


- 


8,800 


- 


- 


- 


F. Bloomer & Son, . 


\ 


















E. Z. Ryder, . 




















Benjamin F. Patterson, . 




















Cyrenus Ellis, . 




















E. F. Mayo & Bros., 




















C. C. Nickerson, 




















C. D. Hammond, 




















E. S. Gould, . 




















William F. Hitchings, 
J. A. Crowell, . 


{ 


Chatham, . 


- 


31 


2,231 


300 


1,389 


140 


94 


E. C. Eldredge, 




















Alvin J. Aikins, 




















Geo. E. Small, . 




















H.F.Gould, . 




















Jeremiah Eldredge, 




















G. W. Bloomer, 




















David P. Clark, 




















John S. Ryder, 


J 


















Robert Ainslee, 
John Sylvia, 


I 


Cohasset, . 


- 


- 


- 


- 


- 


- 


- 


J. D. Kelley, . 


1 


















Wm. Kelley, 


} 


Centerville, 


- 


28 


- 


- 


- 


- 


250 


W. W. Hallett, 


J 


















John C- Hamblin, . 




Cottage City, . 


- 


- 


5,000 


- 


- 


- 


- 


H M. Smith's Estate, 




Chilmark, . 


- 


- 


30,625 


- 


- 


- 


- 


C. N. Simmons, 


} 

1 


















Isaac A. Hardy, 


Dighton, . 


- 


888 


489,550 


- 


- 


- 


- 


I. N. Babbitt, . 


















G. G. Snow, . 




Dennisport, 


- 


- 


- 


- 


- 


- 


- 


Alonzo K. Higgins, . 
H. B. Hinckley, 


i 


North Eastham, 


- 


- 


- 


- 


- 


- 


- 


John Davis, 

David N Mehlman, . 


i 


Gloucester, 


- 


- 


- 


36,970 


- 


- 


- 


Orrin S. Crosby, 


i 


















Walter Carney, 


\ 


Hyannis, . 


- 


8 


171 


- 


798 


225 


52 


E. Taylor, 


j 


















W. T. Tuttle, . 




Harwich Port, . 


- 


- 


- 


- 


- 


- 




John W. Roberts, . 


j 


















J. J. Woodbury, 


Lanesville, 


- 


5 


10,180 


63,571 


- 


- 


1 


James W. Marchant, 


















Benjamin F. Stevens, 


) 


















Raymond Glass, 


> 


Marblehead, 


- 


- 


- 


158,900 


- 


- 


-9 


Stephen Perkins, 


j 
















Randall Hathaway, . 




Middleborough, 


- 


- 


210,285 


- 


- 


- 


- 


Cornelius Briggs, 


i 


Manomet, . 


_ 


_ 


_ 


76 


_ 


- 


- 


G. W. Holmes, 


s 


















A. H. Shurtleff, 




Mattapoisett, 


- 


- 


493,700 


- 


- 


- 


- 


Henry Colton, . 




Medford, . 


- 


- 


179,659 


- 


- 


- 


- 


John Watkins, . 


' \ 


















Geo. H. Hamblin, . 


. 


















M. J. Francis, . 


. I 


















E. W. Folger, . 


) 


Nantucket, 


- 


1 


- 


241 


68 


3 


92 


B.B. Pease, 


. 


















J. 0. Freeman, 


. I 


















Frank Meiggs, ... J 



















1891.] 



PUBLIC DOCUMENT — No. 25, 



115 



GILL AND SWEEP NETS. 



1891. 





4 

be 

a 


w 


PQ 


T3 

O 

O 


o 

'3 
o 

pa 


3 
3 

M 
o 

© 03 

|* 

w 


"3 

s 

O 

c3 


"3 
3 

.2 S 


en 

5 


o 
H 


I'S 


ID 

3 


T3 

'3 
c 


■I* 

6 3 


149 
16 

367 

i 


- 


300 
124 

16 

1 


257 

705 
1,992 

536 
312 

123 

229 


1,160 

519 
250 

29 


463 

2 

29 
31 


1 


4,491 
21,873 

906 
12 

20,875 

2,035 
1,020 
3,655 

576 
1,241 

1,002 


2 
18 

4 


5,104 
494 

9,074 

6,167 
200 

1,761 
1,584 

9,832 
169 

1 
4,711 


1 

23 

15 

7 


5 
3 


467 

325 

2,837 


48 


5,235 
221 



116 



FISH AND GAME. 



[Dec. 





Gfill and Sweep Nets — Concluded. 








PROPRIETOR. 


TOWN". 


c 

o 


T3 


03 

> 


b't) 

a 

CD 

w 


a 

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00 

« 

CD 
.& 1 








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< 


a 

GQ 




QQ 




C A. Caswell, . . . ) 


















Lorenzo Phinney, . . S 


Newburyport, . 


- 


- 


362,350 


149,600 


2,479,572 


_ 


_ 


Nester L. Thurlow, . . J 


















A. L. Walker, .... 


Orleans, 


_ 


- 


_ 


3,400 


4,750 


_ 


_ 


Martin Currier, 


















Joseph Bushey, 


















Calvin Parsons, 


















Ervine Parsons, 


Pigeon Cove, 


_ 


18 


210 


21,332 


_ 


_ 


- 


J. J. Poole, 


















Joseph Brown, 


















Murdock Matherson, . J 


















Joseph E. Weeks, . . 1 


















H. L. Mayo, . 


















John M. Roser, 


















B. R. Kelley, . 


















J. H. Little, 


















G-eo. Lewis, 


















John J. Cook, . 


















Geo. H. Lewis, 

Elisha Nickerson, . . ' 


Provincetown, . 


- 


- 


258 


6,855 


- 


- 


- 


W.H.Ellis, . 


















E. W. Smith, . 


















A. L. Daggett, . 


















Ruben Ryder, . 


















Jesse Ghen, 


















Hutsuld Freeman, . 


















William M . Euell, . . J 


















J. C. &E. Barnes, . . \ 
Wm. Harlow, \ 


















Plymouth, 


_ 


_ 


6,425 


_ 


_ 


_ 


_ 


A. C. Sampson, . . J 


















G. B.&E. Williams, . / 
Gustavus King, . . \ 


Raynham, . 


- 


867 


249,925 


- 


- 


- 


- 


E. W. Wilber", .... 


Somerset, . 


_ 


56 


86,300 


_ 


_ 


_ 


_' 


Thomas L. Prouty, . 


















G. F. Edson, . 


















J. P. Jordan, . 


















W. K. Turner, > 


Scituate, . 


- 


- 


119 


4,691 


318 


_ 


• 


James Edson. . 


















Christopher O'Neil, 


















John Flarity, ... J 


















G. A. R. Horton, . . ( 
T. W. Brackett, . . j 


Swampscott, 


- 


- 


- 


10,495 


35,740 


- 


- 


John W. Hart 


Taunton, . 


- 


Ill 


83,365 


_ 


_ 


_ 


_ 


Geo. B. & E. Williams, . 


East Taunton, . 


_ 


404 


115,868 


_ 


_ 


_ 


_ 


C. H. Collins, .... 


No. Truro, 


- 


- 


- 


- 


- 


_ 


_ 


R. S. Lombard, . . ) 
B. F. Lombard, . . \ 


So. Truro, 


- 


- 


- 


- 


- 


- 


- 


B. S. Young 


Wellfleet, . 


- 


- 


221,608 


- 


_ 


_ 


- 


L. W. White, ... 1 


















John H. Waite, 


















J. S. Austin, } 


Westport, . 


- 


1 


38,981 


- 


- 


1 


• 


A.G.Allen, . 


















Frank D. Grinnell, . . J 


















D. S. Baker, > 
H. F. Crowell, > 
P. P. Akin, ... J 


















So. Yarmouth, . 


- 


8,000 


211,305 


- 


- 


- 


- 
















Totals, 115, 


1 j 10,759 


2,915,715 


465,241 


2,523,196 


229 


489 



1891.] 



PUBLIC DOCUMENT — No. 25. 



117 











Gill and Sweep Nets - 


- Concluded. 










6 
B. 

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60 

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6 3 




- 


52 

25 


38 
694 

1,859 
327 


42,000 
4,536 


2 


4 


14,398 

71,731 

1,443 

10,434 

4,901 

1,400 
2,250 


83 


995 
13,711 

19 

1,342 
90 


34 


25,889 
135 


56,160 

961 
6,508 


4 


12,331 

1,088 
5,449 


535 


440 


78 


7,082 


48,494 


498 


5 


163,750 


89 


55,254 


80 


26,824 


66,466 


55 


24,324 



118 



FISH AND GAME. 



[Dec. 



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1891.] PUBLIC DOCUMENT — No. 25. 



119 



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I 

6 



PUBLIC DOCUMENT .... .... No. 25. 



EEPOET OF THE COMMISSIONERS 



INLAND FISHERIES AND GAME 



Year Ending December 31, 1892. 



BOSTON : 

WRIGHT &, POTTER PRINTING CO., STATE PRINTERS, 

18 Post Office Square. 

1893. 



CONTENTS. 



Repokt, 
Appendix A 
B 



England 



Corn- 



List of Fish Commissioners, 
Report of the Conference of New 
mission ers, 

C. Argument on Lapham Bill, 

D. Reports of Deputies, 

E. Proposed Amendment of Game Law 

F. Legislation, 

G. List of Leased Ponds, 
II. Returns of Lobsters, Gill and Sweep Nets, Pounds 

and Weirs, 



o 

23 

28 
35 
43 
49 
50 
54 

56 



Comtraritfotalljj of HJassacfro&eite. 



To His Excellency the Governor and Honorable Council. 

The Commissioners on Inland Fisheries and Game beg 
leave to present their twenty-seventh annual report. 

Fishways. 

The fishway at Lawrence will require some repairs next 
spring. By an arrangement authorized by the Legislature 
one-half of the expense of construction and repairs of this 
fishway is to be borne by the State. 

The fishway on Cole's River, in Swanzey, has been in- 
spected, and, if the fisheries of this river are to be maintained, 
a new pass should be built with as little delay as possible. 

Complaints have been made in regard to the fishway at 
Middleborough, which is the same as those successfully 
used on most of the rivers and streams in the State. The 
trouble, if any, is not in the construction of the fishway 
proper. It enters the river some way below the dam, 
(and, from the construction of the dam and its surround- 
ings, this could not be avoided), therefore many fish that 
were bred below pass by it, up to the foot of the dam. 
To obviate this an arrangement has been made with the 
owner of the dam to put a grating or rack at the foot of 
the fishway, so that they cannot pass by it. Fish passed 
over the way last spring, and more young fish ran down 
from the pond this fall than for many years. 

Near the close of the spring run of fish a meeting was 
held at this place, with the fishermen of Taunton River 
and the selectmen of Middleborough, and the whole ques- 
tion of the fisheries of this river was discussed. It appeared 
in evidence that there was too much fishing on the upper 
part of the river ; that the town of Middleborough had 
sold its right to the fisheries to a person who appeared 
at times oblivious to the laws regulating the fishing ; and 



6 FISH AND GAME. [Dec. 

that many thousand fish were unlawfully taken at that 
place. Fisheries cannot be successfully maintained under 
the management of irresponsible parties ; and, when they 
are located near the headwaters of the river or near the 
spawning grounds, there are obligations which extend 
beyond the limits of town rights. 

The fishway at Squabetty is out of repair, and the owners 
have been notified to put it in order. 

Lawrence, Nov. 16, 1892. 
Edward A. Bracket, Chairman Fish Commission. 

Dear Sir : — I enclose ruy report of fish seen in the fishway 
this year. Have postponed sending it a little, hoping the rise in 
the river might bring up some salmon, but none have appeared ; 
the rise came too late, I think. 

The noticeable thing this year is the almost entire absence of 
alewives in the fishway ; the cause I do not know, — perhaps they 
were caught below. 

Also I think the run of salmon was the largest, in the same 
length of time, of any year. One salmon weighing ten pounds was 
caught with a hook and line in the river about a mile below here, 
by a well-known fisherman of Lawrence. There was no fall run 
of salmon, for there was no water until November 7 for them to 
run in ; river has been very low. 

The fishway is in fair condition ; there have been no repairs of 

any account this season, but next year there should be some slight 

change at the upper end, as I pointed out to you. Have tried to 

get Mr. Knowles to make an estimate of the cost, but he has not 

yet done it. Saw him again Monday, and shall see him again, as 

I suppose you would like the estimate. 

Yours very sincerely, 

Thomas S. Holmes. 
9 South Broadway. 

Fish in the Lawrence Fishway in the Season of 1892. 

May 10. A few lampreys. 

11 to 30. The water was high, and fishway at the lower end was 

under water ; saw no fish. 
31. Lampreys, run moderate. 
June 1 to 7. Lamprej^s, run large. 

8. One salmon, 8 pounds ; lampreys, run large. 
9 to 12. Lampreys, run large. 
13. Six salmon, 7 to 14 pounds ; lampreys, run large. 



1892.] PUBLIC DOCUMENT — No. 25. 7 

June 14. Three salmon, 8 to 20 pounds ; lampreys, run very large ; one 
alewife. Flashboards were set on south end of dam in the 
forenoon, this lowered the water below the dam, so that 
there was a slight fall from the end of the fishway to the 
pool below. This pool was crowded full of lampreys, — 
hundreds of them. 

15. Three salmon, 8 to 20 pounds ; lampreys, run moderate. 

16. Lampreys, run moderate ; small^ silver eels, run moderate ; 

two alewives. 

17. Four salmon, 12 to 18 pounds ; lampreys, run small ; silver 

eels, run moderate. 

18. Two salmon ; lampreys, run small ; silver eels, run moderate. 

19. One salmon ; lampreys and silver eels, run moderate. 

20. Two salmon ; lampreys, run large ; two black bass ; silver 

eels, run moderate. 

21. Two salmon, 10 to 20 pounds ; lampreys, run small ; silver 

eels, run moderate. 

22. One salmon, 8 pounds ; lampreys, run small ; silver eels, run 

moderate. 
23 and 24. Two black bass, a few lampreys and silver eels. 

25. One salmon, 10 pounds ; a few lampreys and silver eels. 

26. One salmon, 12 pounds ; two black bass. River rising all day. 

27. Six salmon, 10 to 20 pounds ; four black bass ; a few lampreys 

and silver eels. 

28. Seven salmon, 10 to 18 pounds ; a few lampreys and silver 

eels. 

29. Three salmon, 10 to 15 pounds ; a few silver eels and suckers. 

30. One salmon, 14 pounds ; a few suckers and silver eels. 
July 1. One salmon ; one alewife; a few silver eels. 

2. Eight salmon, 9 to 18 pounds ; one lamprey ; a few suckers 

and silver eels. 

3. One salmon ; a few suckers and silver eels. 

4. One salmon ; a few suckers and silver eels. 

5. A few suckers and silver eels. 

6. One salmon, 12 pounds ; a few suckers and silver eels. 

7. Two salmon, 12 to 18 pounds ; a few suckers and silver eels. 

8. Eleven salmon, 10 to 18 pounds ; a few suckers and silver eels. 

9. Eight salmon, 12 to 20 pounds ; a few suckers and silver eels. 

10. One salmon, 12 pounds ; a few suckers and silver eels. 

11. Four salmon, 10 to 14 pounds ; a few suckers and silver eels. 

12. One salmon, 10 pounds ; a few suckers and silver eels. 

13. One salmon, 16 pounds ; one black bass ; a few suckers and 

silver eels. 

14. Suckers, run small ; silver eels, run moderate. 

July 15 to 21. Silver eels, run moderate; a few suckers and chubbs. 
21, 8 a.m., to 23, 1.30 p.m., water shut out of fishway ; river low. 
23 and 24. Silver eels and suckers, run small. 
24, 9 a.m., to August 6, 1.40 p.m., water shut out of fishway ; river 
low. 



8 FISH AND GAME. [Dec. 

Aug. 6, 6 p.m. Suckers and silver eels, run small. 
7. Silver eels, run small ; a few suckers. 
8 and 9. Silver eels, run small. 
10, 7 a.m., shut water out of fishway ; river low. 
13, 12.30 p.m., let water into fishway ; river rising. At 6 p.m., two 

black bass and a few silver eels and suckers in the way. 
14 and 15. Silver eels and suckers, run small. 
16. Two black bass ; silver eels and suckers, run small. 

17 and 18. Silver eels and suckers, run small. 

19. Four black bass ; silver eels, run moderate ; a few suckers. 

20. Two black bass ; silver eels, run moderate ; a few suckers. 

21. Three black bass ; silver eels, run moderate ; a few suckers. 

22. Two black bass ; silver eels, run moderate ; a few suckers. 

23. Silver eels, run small ; a few suckers and chubbs. 
24 to 29. Silver eels, run small. 

30 to Sept. 4, high water in the river ; could see no fish. 
Sept. 5 to 11. Suckers and eels, run small. 

12. One black bass ; suckers and eels, run small. 
13 and 14. Suckers and silver eels, run small. 

15. Two black bass ; suckers, run moderate ; silver eels, run small. 

16. One black bass ; suckers, run moderate ; silver eels, run small. 

17. Two black bass ; suckers, run moderate ; silver eels, run small. 

18 to Oct. 5. Suckers, run small. 

Oct. 5 to Nov. 7, water shut out of fishway ; river very low. 
Nov. 7. Let water into the fishway, but no fish have appeared in the 
way up to this date (November 16) ; evidently the rise in 
the river came too late for salmon this season. 

Thomas S. Holmes, 
In Charge of Lawrence Fishway. 

- Salmon. 
Of the spring run of salmon, eighty-four were seen passing 
through the Lawrence fishway. Owing to the low stage of 
water, the usual fall run were prevented from running up 
the Merrimac. One salmon was taken by hook and line 
(fly-fishing) below the Lawrence dam, and several between 
Lowell and Concord ; a number were killed by dynamite or 
some other unlawful method, six miles above Nashua ; and 
many are reported to have been taken in the weirs. The 
penalty for taking salmon in any other way except with 
naturally or artificially baited hook and line is "not less 
than j^y nor more than two hundred dollars for each fish so 
taken." Those who are inclined, hereafter, to engage in 
this illegal fishing, may find it to their interest to respect 
the law. 



1892.] 



PUBLIC DOCUMENT — No. 25. 



Ale wives. 

Complaints have come from several localities, stating that 
there has been a great decrease in the alewife fisheries this 
year. Whether this is due to climatic conditions or to mis- 
management, is a question which those interested in. these 
fisheries should carefully study, remembering that any cause 
for this decrease must date back at least three years, as it is 
well known that the alewife becomes a spawning fish at the 
age of three years. Whether shad and alewives spawn only 
once in two years, as is the case with salmon, is still an open 
question. Whatever may be the facts as to the time of their 
casting spawn, a stream once stocked with them cannot be 
depleted except by overfishing or by neglecting to provide a 
free passage to the breeding grounds. They are compar- 
atively but little affected by climatic conditions. 

The following table of the catch of alewives in this State for 
the past ten years shows less fluctuation than of any land 
crop : — 



1882, . 


. 4,446,280 


1888, . 


. 3,767,929 


1883, . 


. 4,178,682 


1889, . 


. 3,617,929 


1884, . 


. 2,353,781 


1890, . 


. 3,038,920 


1885, . 


. 3,747,750 


1891, . 


. 4,954,822 


1886, . 


. 3,183,741 


1892, . 


. 3,179,923 


1887, ' . 


. 3,108,642 







These fish are easily increased to almost any extent, and 
there is no other product from sea or land that yields so 
much food at so little cost. As the price for other fish has 
gone up, the demand for alewives has increased, and it 
may surprise many who are interested in the economy of 
living to know that there are small streams in this State 
that yield annually from seventy-five to one hundred tons of 
healthy food that sells at less than two cents per pound, and 
that a number of "towns have sold their rights" to these 
fisheries at from one to two thousand dollars a year. W"e 
have in former reports called attention to the ruinous prac- 
tice of selling this right for one or two years to persons 
whose sole interest is in catching all they can, regardless of 
the consequences. No man would be so unwise as to lease 



10 



FISH AND GAME, 



[Dec. 



a farm under such conditions, and the only wonder is that 
this method has not ruined these fisheries. They have cer- 
tainly been more or less affected by it, and some rendered 
almost worthless. The decrease of the yield of the weirs, 
and the rapid vanishing of that ideal supply of bait at the 
mouth of the Merrimac, suggest that, not only as a matter 
of food, but also as a factor in supplying fishing vessels with, 
bait, the alewife fisheries must continue to advance in value. 

Shad. 

The depletion of the great shad fisheries of the Connecti- 
cut Kiver has been so thoroughly discussed in former reports 
that it is not necessary to repeat it here. In 1879 the catch 
was 436,981, while this year it is reported to be about 
3,000. It is feasible to restock this river, but it can only be 
done by the adoption of such wholesome restrictions upon 
fishing on the river by both Massachusetts and Connecti- 
cut as will protect the young shad until they are mature 
enough to cast their spawn. Many of the fishermen at 
the mouth of the river depended largely upon these fish 
for a living, and their destruction has greatly impoverished 
them. The history of the rise of the shad fisheries of the 
Connecticut River through artificial propagation, and their 
subsequent decline through overfishing, forms an object 
lesson which these fishermen can now study at their leisure. 

The following table shows the catch of shad in this State, 
in pounds, weirs and seines, during the last eleven years : — 





Salt Water. 


Fresh Water. 


1882, 


28,991 


14,330 


1883, . 


6,020 


9,140 


1884, 


6,544 


5,741 


1885, 


18,532 


6,812 


1886, ......... 


15,896 


3,570 


1887, 


14,845 


5,428 


1888, ......... 


142,067 


7,183 


1889, 


33,118 


8,143 


1890, 


35,955 


4,892 


1891, 


34,895 


2,457 


1892, 


14,872 


2,056 


Total, 


351,735 


69,752 



1892.] 



PUBLIC DOCUMENT — No. 25. 



11 



Trout. 

There were received, from the joint hatchery at Plymouth, 
N. H., last January, 554,000 trout eggs. They were a 
remarkably fine lot of eggs, and were hatched with a loss of 
less than four per cent. 

The following is the list of persons to whom the trout 
were delivered, with location of planting : — 



Barnstable County. 
Frank Thacher, Yarmouthport. 
A. S Backus, Centreville. 
Chas. H. Nye, Hyanms. 
J. S. Nicholson, Hyannis. 
Loring Crocker, Barnstable. 
C. L. Hopsen, Falmouth. 
Franklin Crocker, Yarmouth. 
Capt. E. P. Boggs, Hatchville. 
Frank A. Smith, So. Brewster. 

Bristol County. 
Geo. H. Herrick, Attleborough. 
E. C. Parmenter, No. Attleborough. 
O. P. Richardson, Attleborough. 
Wm. J. Luther, No. Attleborough. 

E. S. Brown, Fall River. 

F. A. Booth, Westport. 
Dr. J. Sweet, Acushnet. 

S. R. Bennett, Dartmouth. 

A. H. W. Carpenter, New Bedford. 

J. L. Humphrey, Jr., Dartmouth. 

E. J. Heffernan, Westport. 

Chas. W. Copeland, So. Somerset. 

Plymouth County. 
Benj. F. Gibbs, E. Wareham. 
A. Savary, Wareham. 
A. D. Makepeace, Carver. 
Wm. H. Atwood, Mattapoisett. 
H. F. Babcock, So. Carver. 
E. Finney, Chiltonville. 
W. S. Hadaway, Chiltonville. 
Horatio Chandler, Duxbury. 
H. B. Chandler, Duxbury. 
Elwood Chandler, Kingston. 
Geo. L. Baker, Plymouth. 
T. W. Cole, Lakeville. 



Norfolk County. 
H. C. Metcalf, Walpole. 
E. Fuller, Walpole. 
H. D. Dupee, Walpole. 
C. Terry, No. Weymouth. 
E. Brooks, Milton. 
H. W. Trowbridge, Stoughton. 
Wm. Levering, Highlandville. 
John B. Fisher, W. Dedham. 
S. D. Parker, Blue Hill. 
Edw. Knobel, Dedham. 
A. C. Pratt, So. Weymouth. 
H. L. Williams, Dedham. 
H. B. Endicott, Dedham. 
E. B Nevin, Weymouth. 
Geo. A. Fletcher, Milton. 
S. F. McCracken, Wellesley. 
A. E. Lincoln, W. Stoughton. 
E. A. Richardson, Wellesley. 

Essex County. 
Geo. W. Twitchell, Boxford. 
C. K. Fox, Haverhill. 
A. U. Bickford, Danvers. 
H. B. Nash, Groveland. 
S. R. Harris, Ipswich. 
H. E. Rice, Danvers. 

Suffolk County. 
N. F. Mayo,Franklin Park(Revere) . 

Middlesex County. 
Philip Piper, Ashby. 
W. W. Cummings, Burlington. 
O. M. Bennett, Shirley and Lunen- 
burg. 
C. A. Jones, Wo burn. 
J. H. Goodell, Framinofham. 



12 



FISH AND GAME. 



[Dec. 



Middlesex County — Concluded. 
Rolfe Bradbury, Westford. 
C. H. Barber, Framingham. 
G. C. Fiske, Ashland. 
A. Griffin, Acton. 
T. Bixby, Townsend. 
G. H. Cushman, Framingham. 
E. U. Saul, Sudbury. 
G. L. Lawson, So. Chelmsford. 
G. F. Lawson, Carlisle. 
J. Beatty, Lincoln. 
J. B Heald, M.D., Pepperell. 
J. H. Fletcher, Belmont. 
A. W. Morse, Sudbury. 

E. D. Hayden, Burlington. 

J. W. Huntoon, M.D., Billerica. 

Worcester County. 
T. H. Shea, Fitehburg. 
Dr. F. W. Burleigh, Fitehburg. 
Sydney Harrocks, Fitehburg. 
Wm. H Gibbs, Clinton. 
A. J. Bartlett, Winchendon. 
H. P. Kendall, Sterling. 

F. F. Bullard, Worcester. 
Wm. Lawrence, Shrewsbury. 
Wm. R. Albertson, Boylston. 
Jas. Manning, Shrewsbury. 

G. C. Bates, W T ilkinsonville. 

J. W. Fairbanks, Westborough. 
J. F. Whiteomb, Athol. 
C. W. Bates, Phillipston. 
Green & Lacld, Spencer. 
Aug. Taylor, Lunenburg. 
C. V. Dudley, Northbridge. 
L. Healy, Dudley. 
E. S. Hill, Dudley. 
Dr. D. W. Hodgkins, E. Brook- 
field. 
M. Carroll, Milford. 
L. W. Barney, North borough. 

Hampden County. 
W. A. Chase, Holyoke. 
A. G. Wright, Montgomery. 



Hamptden County — Concluded. 
H. H. Patten, Hampden and 

Monson. 
J. A. Murphy, Springfield. 
H. M. Newell, Longmeadow. 
C. L. Goodhue, Agawam. 
R. J. Hamilton, W Springfield. 
Herman Bacholz, E. Longmeadow. 
C. M. Dean, Palmer. 

Hampshire County. 
E. H. Guild, Ware. 
E. E. O'Neil, Ware. 

Franklin County. 
Geo. E. Taylor, Shelburne. 
S. P. Cook, Northfield. 
W. M. Burt, Greenfield. 

Berkshire County. 
M. V. B. Edgerly, Becket, 
Dr. L. Corcoran, Becket. 
E. A. Perkins, Becket. 
Thos. N. Birnic, Becket. 
H. R. Bloodgood, New Marl- 
borough. 
C. F. Smith, Adams. 
C. W. Burton, Cheshire. 
R. A. Thompson, Savoy. 

E. J. Noble, Windsor. 
W. W. Butler, Zylonite. 

C. J. Whitney, Clarksburg. 
C. L. Smith, Williamstown. 
A. J. Witherell, N. Adams. 

F. S. Rice, Florida. 
Austin Stowell, Pittsfield. 
J. H. Wood, Pittsfield. 
W. H. Nichols, Richmond. 
R. L. Mason, Hancock. 
Thos. Post, Lenox. 

S. P. Butler, Lanesborough. 
Chas. P. Taylor, Hinsdale. 
L. Clement, Otis. 
C. E. Bostwick, W. Stockbridsfe. 



Twenty thousand were sent to the new hatchery at Wilkin- 
sonville, to be reared and kept for breeders. 



1892.] PUBLIC DOCUMENT — No. 25. 13 

But for the negligence of two persons, there would have 
been little or no loss in transportation, and even with these 
mishaps it was less than one per cent. 

That there may be no misunderstanding, we would state 
that the fry are carefully measured (dry measure), and in 
all cases, unless a smaller number is asked for, each 
applicant receives the same number of fish. Where several 
persons in the same locality club together, asking for an 
undue amount for their vicinity, it becomes necessary, in 
justice to other towns, to reject a part of the applicants. 

The success in restocking our streams with trout has 
awakened so much interest that it is impossible at present 
to meet the demand for the fry. 

The new hatchery at Wilkinsonville, eight miles from 
Worcester, has been completed, with the exception of 
outside painting ; hatching troughs, trays and piping have 
been supplied, and all work done necessary to enable the 
superintendent to take care of what eggs can be obtained 
this year ; the ground around the house underdrained, and 
partially graded. Above the house a dam seventy- four feet 
long and seven feet high has been constructed across the 
stream, with flume, gateway and piping for supplying the 
hatchery and tanks below. This dam was built by driving 
plank in the centre, and banking both sides heavily with 
earth sufficiently wide for a driveway, guarded by a sub- 
stantial railing on both sides, and flows a good-sized pond, 
supplied by a stream fed by springs. The bottom of the 
pond is mud, and at the upper end is an arrangement for 
capturing the fish as they pass up to spawn. 

Mr. William Lawrence, who has charge of the hatchery, 
has caught and put into one of the tanks and into the pond 
about five hundred adult trout, ranging in weight from 
one-fourth of a pound to a pound. As near as can be 
estimated, there are now in tanks, pond and the stream 
above and below the works, ten or fifteen thousand trout, — 
most of them yearlings, taken from the hatching house at 
Winchester last spring. As they are healthy, and making a 
remarkable growth, the greater portion of them will become 
spawning fish next fall. The supply of water will enable us 
to keep a large number of breeders, which will be secured 
as early as possible. It was not expected that Ave should be 



14 FISH AND GAME. [Dec. 

able to get any spawn here this year; but Mr. Lawrence, 
the superintendent, by perseverance and energy procured 
the adult trout alluded to above, which enables us to secure 
about 25,000 eggs this fall. 

The two acres of land which under the terms of the lease can 
be bought for three hundred dollars should be secured at once. 

As a matter of economy, as well as for the safety of the works, 
a small dwelling-house should be built on the premises for the 
superintendent, and a fence built around the hatchery and ponds. 

Report of E. B. Hodge, Commission kk of New Hamp- 
shire, and Superintendent of the Joint Hatchery, 
Plymouth, N. H. 

To the Commissioners on Inland Fisheries and Game for the Common- 
wealth of Massachusetts. 

Gentlemen : — I herewith submit rny annual report of the joint 
work done at this station for the year ending Dec. 1, 1892. 

From the salmon taken from the headwaters of the Merrimac 
River last season there were secured 200,000 eggs. They were 
a fine lot, and were hatched and planted in the Pemigewasset 
River, with but little loss. The young salmon, from four to six 
inches in length, were very plenty this season in July and August. 
The number of adult salmon taken at the hatchery this season is 
much less than last year. Although reported very plenty in the 
Merrimac above Nashua and Manchester, they did not come up 
as far as this station. 

Of the brook trout eggs taken last year 564,000, being one-half 

of the whole number taken after the unimpregnated eggs were 

removed, were sent to Massachusetts, as directed by the chairman 

of your Board. The same loss occurred this season as last by the 

early spawning of large females before there were any ripe males. 

Many of the largest and oldest trout have died the past season, 

having reached the limit that they will live in confinement. This, 

with the loss of eggs by the early spawning of many large females, 

will reduce the number of eggs taken this year below that of last 

year's crop. Two thousand four hundred and sixty wild brook 

trout have been added to the stock of breeding trout in the ponds 

this season. As all of these were five inches and over in length, 

they will add materially to the stock of eggs another season. 

The price paid for the above trout was three dollars per hundred, 

delivered at the hatchery. 

Respectfully yours, 

E. B. Hodge, Superintendent. 
Plymouth, Deo. 1, 1892. 



1892.] PUBLIC DOCUMENT — No. 25. 15 

Lobsters. 

At a hearing before the Legislature of 1889, for the better 
protection and preservation of the lobster fisheries, there 
were present over a hundred fishermen, representing every 
town on the coast of Massachusetts where this industry is of 
any value. Their opinious were freely expressed, either 
personally or by counsel. All were in favor of protecting 
the egg-bearing lobsters, and all but one favored the ten and 
one-half inch law. The only fear they expressed was that 
the law would not be enforced, and law-abiding fishermen be 
handicapped by the lawless element which exists more or 
less among the fishermen. Many of the more intelligent 
men among them offered to aid us in our efforts to protect 
the fisheries. The law of 1889 passed both houses by a 
unanimous vote, and the Legislature placed in the hands of 
the commissioners what was supposed to be sufficient means 
to enforce the law. 

A large number of prosecutions have been made, and up 
to the present time the fines paid into the courts have gone 
far toward reimbursing the State for its expenditures in this 
direction. The lawless fishermen have been driven from one 
thing to another, until at last they have adopted a device 
which makes it difficult to detect them. They put their 
short lobsters in traps or small crates and bags, and sink 
them, to be taken' up at night and either put on board 
lobster smacks to be carried out of the State, or sent to 
restaurants and places of summer resort. A majority of 
these violators are foreigners or persons from other States. 
This creates dissatisfaction among the law-abiding fishermen, 
who complain that they put over the small lobsters only to 
have them caught and sold by others. In justice to those 
who are living up to the law, and in the interest of economy 
to the State, we recommend that the act of 1889 be amended 
as follows : — 



Section three of chapter one hundred and nine of the acts of 
the year eighteen hundred and eighty-nine is hereby amended by 
inserting before the words " all cars," etc., the following words : 
"All traps and contrivances for taking lobsters shall have their 



16 FISH AND GAME. [Dec. 

slats not less than two inches apart, and shall, with the buoys 
attached to them, have the name and residence of the owner or 
owners legibly marked thereon ; " so that said section shall read 
as follows, viz. : — 

Sect. 3. All traps and contrivances for taking lobsters shall 
have their slats not less than two inches apart, and shall, with the 
buoys attached to them, have the name and residence of the 
owner or owners legibly marked thereon ; and all cars or other 
contrivances for keeping lobsters shall have the name and resi- 
dence of the owner or owners legibly marked thereon, under 
the penalty prescribed in section seventy-five of chapter ninety- 
one of the Public Statutes. 

If this amendment is enacted it will allow almost all 
lobsters, less than ten and one-half inches in size, to pass out 
of the traps, and save the fishermen much labor in sorting 
their catch. Several lobster catchers have already adopted 
this arrangement, and it should be made universal by law. 
It was not until lobsters were reduced in size by overfishing, 
and the market was open to small ones, that the slats on 
lobster traps were put closer together than two inches. In 
all countries where fisheries are protected, the size of mesh 
of nets is regulated ; and there seems to be no good reason 
why the same principle should not be applied to lobster 
traps. 

Chapter 403, Acts of 1892, should either be amended or 
repealed, as it has no force whatever as it now stands. 

Captured Menhaden Steamers. 

The case of the officers and crew of the menhaden steamers 
captured in Buzzard's Bay was decided by the United States 
supreme court against the defendants, and on the 13th of 
April, 1892, they were sentenced in Barnstable court, and 
fined $2,184.30, including costs. 

As a sequence to these prosecutions, the owners of the 
menhaden steamers endeavored to procure the passage of an 
act through Congress, known as the Lapham bill, giving 
them the right to capture menhaden and mackerel wherever 
they could find them, regardless of any State law. As this 
involved the rights of all seaboard States and those border- 
ing on the great lakes, His Excellency the Governor of 



1892.] PUBLIC DOCUMENT — No. 25. 17 

Massachusetts, foreseeing the danger of such legislation to 
our fisheries, promptly sent a message to the Legislature, 
which resulted in the passage of the following resolutions : — 

Besolutions relating to the Fisheries of Massachusetts. 

Resolved, That the senate and house of representatives of 
Massachusetts, in general court assembled, respectfully call the 
attention of the congress of the United States to the fact that the 
menhaden, mackerel and other fisheries along the sea coast and 
shore of Massachusetts are of great importance and value to her 
people ; that the Commonwealth has made large expenditures for 
the protection and preservation thereof, and that any interference 
with the rights of the people of Massachusetts therein, as now 
established by the supreme court of the United States, would be 
of great damage and injury to them. And therefore they respect- 
fully memorialize congress to refrain from abrogating or interfering 
with the interests in and control over said fisheries, now held and 
exercised by the Commonwealth of Massachusetts, and especially 
to refrain from enacting such legislation as is embodied in bill 
number five thousand and thirty, now pending in the house of 
representatives of the United States. 

Resolved, That the governor of the Commonwealth of Massa- 
chusetts be authorized and requested to appoint two or more 
suitable persons, who shall appear before the committee on mer- 
chant marine and fisheries of the house of representatives of the 
United States at the hearing upon said bill, to state the position 
of Massachusetts upon the subject, and to oppose said bill as 
being injurious to her interests and to the welfare of her people ; 
and further 

Resolved, That a copy of these resolutions be transmitted to 
each of the senators and representatives of Massachusetts in 
congress, and that they are hereby requested to protect by all 
proper means the rights and interests of Massachusetts in the 
premises. 

In Senate, adopted Feb. 16, 1892. 

In House of Representatives, adopted in concurrence Feb. 25, 
1892. 

The State was represented before the congressional commit- 
tee by one of your commissioners, and also by the attorney- 
general, whose exhaustive and forcible presentation of the case 
will be found in the Appendix. The bill was rejected by the 
committee, on the ground of its unconstitutionality. 



18 FISH AND GAME. [Dec. 

The confiscation of the bonded menhaden steamers requires 
a separate action in the courts, and they have not yet been 
brought to trial. As this is entirely under the control of the 
district attorney, your commissioners do not feel responsible 
for the delay. The history of these cases would be interest- 
ing reading to those who are laboring under the impression 
that the acts of the Legislature regulating the fisheries are 
always promptly and disinterestedly enforced. 

Steamer " Ocean Gem." 

We commenced to put the steamer in order for the season 
on the 19th of April. After painting and making all 
necessary repairs to the hull and machinery, she sailed for 
the fishing grounds on the 29th of May, with Capt. W. H. 
Proctor of Swampscott in command, and was employed in 
the suppression of the illegal taking and marketing of egg- 
bearing and small lobsters ; and, as far as the present law 
would admit, the taking and shipping was successfully 
stopped. There are several vessels from New York and 
other ports outside of this Commonwealth engaged in this 
nefarious traffic. They approach the coast during the night, 
purchase the lobsters at a very low price, and are away 
before morning for a market ; and without a proper boat like 
this the waters of the south-eastern coast would soon be 
depleted. 

The necessary change in the law is treated at length under 
report of lobsters. Since the decisions of the United States 
supreme court in the cases of the menhaden steamers they 
have not attempted to use their seines in the protected waters 
of Buzzard's Bay, and this natural spawning ground of the 
menhaden has not required the presence of the steamer, as 
in years past. 

She was continued in commission until the 13th of Sep- 
tember, when she was laid up with proper care for winter, 
apparently in good condition, requiring only the usual outlay 
for repairs another season. 

Captain Proctor gives a full report of seizures, arrests and 
convictions. His management of the steamer as command- 
ing officer has been very satisfactory to the commissioners, 
he having patrolled the coast at all times without any 



1892.] PUBLIC DOCUMENT — No. 25. 19 

accident of importance, and having fully demonstrated his 
ability to fulfil all requirements of the commissioners. 

Game. 

The laws for the protection of game are more generally 
observed than heretofore, and are regarded with yearly 
increasing favor by the people. 

The disease of last year continues among the grouse, 
causing a decrease in numbers. It is not to be expected to 
prevail another year, judging by the past history of like 
occurrences. 

We renew the suggestions of last year, concerning the 
desirability of a law providing for a bounty for the destruc- 
tion of predatory vermin. The increase of these animals 
is large, and is not appreciated by people not given to 
knowledge and observation of this matter. The preserved 
value of farm products resulting from the destruction of 
such animals would, in our opinion, be many times the 
amount paid out in bounties. 

The desirability of the maintenance of game wardens, 
with sufficient funds and authority therefor, becomes more 
and more apparent as the years go by. Intelligent continued 
action for the preservation of the game is justified by each 
year's added experience. In the Appendix will be found 
the proposed amendment to the game law. 

Conclusion. 

The returns from the lobster fisheries show a decrease 
from the catch of last year, which is largely due to the fact 
that less men engaged in the business, and there were 1,384 
less traps used. As it takes seven years from the time the 
lobster is hatched to reach ten and one-half inches in length, 
the results of protecting the egg-bearing lobsters, the 
distribution of spawn, and the close enforcement of the 
laws, will not be apparent until those hatched during the 
last three years reach a marketable size. The small ones 
are reported to be very plenty in several localities. 

Also, the returns from the weirs and gill nets show a great 
falling off in the catch of shad, alewives, menhaden, scup, 
squeteague and blue-fish, while the catch of mackerel and 



20 FISH AND GAME. [Dec. '92. 

sea-herring has been larger this year than any year since 
1882. The mackerel have been distributed through the 
country at a price that has brought this valuable food fish 
within easy reach of all. The sea-herring, supplying bait to 
the deep-sea fishermen, have enabled them to secure a supply 
near home, saving the time and expense of going to the 
eastern shores of Maine and Newfoundland, and have fur- 
nished employment to a large number of men on shore. 
An industry of such great value to all classes of citizens 
should be carefully cared for by the State, and no legislation 
should be entertained that would tend to cripple this impor- 
tant branch of the shore fisheries. 

Under the resolutions passed June 1, 1891, an adjourned 
meeting of the New England Commissioners of Fish and 
Game was held at the State House, Boston, November 16, a 
brief report of which will be found in the Appendix. 

The United States Commissioner, Major McDonald, has 
called a convention of the commissioners of fisheries of all 
the States, to meet in Chicago next August, for the purpose 
of consultation and co-operation. Believing that it is for the 
interest of Massachusetts that she should be represented, we 
recommend an appropriation for that purpose. 

E. A. BEACKETT, 
E. H. LATHROP, 
I. C. YOUNG, 

Commissioners of Inland Fisheries and Game, 



APPENDIX. 



[A.] 

LIST OF FISH COMMISSIONERS. 



The United States. 
Col. Marshall McDonald, Commissioner, . Washington, D. C. 

Capt. J. W. Collins, Assistant in Charge of Fisheries Division. 
Richard Rathbun, Assistant in Charge of Scientific Inquiry. 

Alabama. 

Col. D. R. Hundley, Madison. 

Hon. Chas. S. G. Doster, ..... Prattville. 

Arizona. 

T. W. Otis, Prescott. 

John Howard, . . . . . . . Prescott. 

C. W. Stearns, ....... Phenix. 

Arkansas. 
H. H. Rottaken, President, .... Little Rock. 

W. B. Worthen, Secretary, .... Little Rock. 

J. W. Callaway, ...... Little Rock. 

This State has never made an appropriation for fish culture. 

Dominion of Canada. 

Hon. C. H. Tupper, Minister of Marine and Fisheries, Ottawa. 

Hon. John Tilton, Deputy Minister, Ottawa. 

S. P. Bauset, Chief Clerk, Ottawa. 

Samuel Wilmot, Superintendent of Fisji Culture, Ottawa. 

Inspectors of Fisheries : J. R. Kinney, Yarmouth, N. S. ; R. C. Hockin, 
Pictou, N. S. ; A. C. Bertram, North Sydney, N. S. ; J. H. Pratt, St. 
Andrews, N. B. ; R. A. Chapman, Moncton, N. B, ; D. Morrow, 
Oromocto, N. B. ; E. Hackett, Tignish, P. E. I.; W. Wakeman, 
Gaspe Basin, P. Q. ; Thos. Mowat, New Westminster, B. C. ; Alex 
McQueen, Winnipeg, Manitoba ; F. C. Gilchrist, Fort Qu'Appelle, 
N. W. T. 

Officers in Charge of Fish-breeding Establishments : S. Wilmot, Super- 
intendent of Fish Culture, Newcastle, Ont. ; Chas. Wilmot, Officer 
in Charge, Newcastle hatchery, Ont. ; Wm. Parker, Sandwich, Ont. ; 
L. N. Cattelier, Tadoussac, Q. ; H. Davis, Gaspe, Q. ; A. H. Moore, 
Magog, Q. ; Alex Mowat, Restigouche, Matapedia, P. Q. ; A. B. 
Wilmot, Bedford, N. S. ; C. A. Farquharson, Sydney, N. S. ; Isaac 
Sheasgreen, Miramichi, N. B. ; Charles McCluskey, St. John River, 
Grand Falls, N. B. ; Henry Clark, Dunk River, P. E. I. ; Thomas 
Mowat, B. C. hatchery, New Westminster, B. C. 



24 FISH AND GAME. [Dec. 



Newfoundland. 

Hon. A. W. Harvey, Chairman, St. Johns ; M. Harvey, Secretary, St. 

Johns ; Adolph Nielson, Superintendent of Fisheries, St. Johns. 

California. 

Joseph Rontier, Sacramento. 

J. D. Harvey, Los Angeles. 

C. M. Joslyn, San Francisco. 

Colorado. 

Gordon Land, Denver. 

Connecticut. 

Rob't B. Chalker, ...... Saybrook. 

James A. Bill, Lyme. 

Wm, S. Downs, Birmingham. 

The Shellfish Commissioners are : Dr. Wm. H. Hudson, Chairman, 
Hartford ; George C. Waldo, Bridgeport ; Bryant A. Treat, Wallingford. 

Delaware. 

Charles H. Shubert, Odessa. 

Dr. E. G. Shortlidge (Supt. of Hatcheries), . Wilmington. 

Georgia. 

R. T. Nesbitt, Atlanta. 

Dr. H. H. Cary, Superintendent, . . .La Grange. 

Illinois. 

N. K. Fairbank, President, .... Chicago. 

S. P. Bartlett, . Quincy. 

Geo. Breuning, , . . . • . ' . . Centralia. 

Indiana. 

Col. W. T. Dennis, ...... Richmond. 

Iowa. 

E. D. Carlton, . Spirit Lake. 

Ole Bjorenson, Superintendent. 

Kansas. 

John M. Brumbaugh, Concordia. 

Maine. 

E. M. Stillwell, Bangor. 

Henry O. Stanley, Dixfield. 

E. W. Gould, Sea and Shore Fisheries, . . Searsport. 



1892.] 



PUBLIC DOCUMENT — No. 25. 



25 



Maryland. 

G. W. Delawder, Oakland. 

G. R. Rider, . . . . . . ■ Salisbury. 

Massachusetts. 

E. A. Brackett, Winchester. 

I. C. Young, Wellfleet. 

E. H. Lathrop, Springfield. 



Michigan. 



Hoyt Post, 


. Detroit. 




Herschel Whitaker, ..... 


. .Detroit. 




Joel C. Parker, M.D., .... 


. Grand Rapids. 




Walter D. Marks, Superintendent, . 


. Paris. 




George D. Mussey, Secretary, . 


. Detroit. 




William A. Butler, Jr., Treasurer, . 


. Detroit. 




Minnesota. 






William Bird, 


. Fairmont. 




Niles Carpenter, 


. Rushford. 




Robert Ormsby Sweeny, President, . 


. Duluth. 




S. S. Watkins, Superintendent, 


. Willow Brook, St. Paul 


Missouri. 






H. M. Garlichs, Chairman, 


. St. Joseph. 




J. L. Smith, ...... 


. Jefferson. 




Edw. Cunningham, 


. St. Louis. 




A. C. Garlichs, Secretary, . 


. St. Joseph. 




Philip Kopplin, Jr., Superintendent, 


. St. Louis. 




James W. Day, Superintendent, 


. St. Joseph. 




Nebraska. 






William L. May, 


. Fremont. 




J. C. McBride, . . 


. Lincoln. 




B. E. B. Kennedy, 


. Omaha. 




M. E. O'Brien, Superintendent, 


. South Bend. 




Nevada. 






Geo. T.Mills, 


. Carson City. 




Ernest Harris, Deputy, .... 


. Carson City. 





New Hampshire. 

Elliott B. Hodge, Plymouth. 

W. H. Griffin, Henniker. 

Nathaniel Wentworth, Hudson. 

Elliott B. Hodge, Superintendent of Plymouth 

and Sunapee hatcheries, .... Plymouth. 



26 



FISH AND GAME. 



[Dec. 



New Jersey. 

William Wright, Newark. 

Frank M. Ward, Newton. 

Robt. D. Foote, Morristown. 

W. A. Newell, Pennsville. 



New York. 

E. G. Blackford, President, .... New York. 

L. Huntington, New Rochelle. 

William H. Bowman, Rochester. 

A. S. Joline, Tottenville. 

Henry Burden, Troy. 

E. P. Doyle, Secretary, room 311, Potter Build- 
ing, New York City. 

Superintendents : Fred Mather, Cold Spring Harbor ; Monroe A. Green, 
Caledonia; E. L. Marks, Fulton Chain ; E. F. Boehm, Mill Creek; 
and J. G. Roberts. 

Shell-fish Commission : E. G. Blackford, Commissioner ; William G. 
Ford, Engineer; J. W. Merserau, Oyster Protector, 80 Fulton Mar- 
ket, New York ; Chief Game and Fish Protector, J. W. Pond, Albany. 



Ohio. 



C. V. Osborn, President, . 

J. A. Henshall, Secretary, 

E. D. Potter, . 

J. H. Newton, . 

Wm. R. Huntington, 

G. W. Hull, Chief Warden, 

Wm. Lantz, Sujjerintendent of Fisheries, 



Dayton. 

Cincinnati. 

Toledo. 

Newark. 

Cleveland. 

Lima. 

Sandusky. 



Oregon. 



F. C. Reed, President, 


Clackamas. 


G. T. Meyers, 




R. C. Campbell, 


Ranier. 


Pennsylvania. 




Henry C. Ford, President, 524 Walnut Street, 


Philadelphia 


James V. Long, Corresponding Secretary, 75 




Fifth Avenue, ...... 


Pittsburg. 


H. C. Demuth, Secretary of Board, . 


Lancaster. 


S. B. Stilwell, 


Scranton. 


L. Streuber, 


Erie. 


W. L. Powell, Treasurer, 


Harrisburg, 


John P. Creveling, Superintendent, 


Allentown. 


William Buller, Superintendent, 


Corry. 



1892.] PUBLIC DOCUMENT — No. 25. 27 



Rhode Island. 

Henry T. Root, Treasurer, .... Providence. 

William P. Morton, Secretary, . . . Johnston. 

J. M. K. Southwick, Newport. 

South Carolina. 

Hon. A. P. Butler, Columbia. 

Tennessee. 

W. W. McDowell, Memphis. 

H. H. Sneed, w . Chattanooga. 

Edward D. Hicks, Nashville. 

Utah. 

A. Milton Musser, Salt Lake City. 

Vermont. 

John W. Titcomb, Rutland. 

Charles C. Warren, Waterbury. 

Virginia. 

Dr. J. T. Wilkin s, Bridgetown. 

W t est Virginia. 

C. S. White, President, Romney. 

F. J. Baxter, Treasurer, Sutton. 

N. C. Prickett, Secretary, .... Ravenswood. 

Wisconsin. 
The Governor, ex officio. 

Philo Dunning, President, .... Madison. 

C. L. Valentine, Secretary and Treasurer, . Jamesville. 

Mark Douglass, Melrose. 

A. V. H. Carpenter, Milwaukee. 

Calvert Spensley, Mineral Point. 

E. S. Miner, Sturgeon Bay 

James Nevins, Superintendent, . . . Madison. 

Wyoming Territory. 

Louis Miller, Laramie. 



28 



FISH AND GAME. 



[Dec, 



[B.] 



A Brief Report of the Conference of the New England 
Commissioners of Fish and Game, held in Boston, Nov. 16, 

1892. 



Pursuant to a vote passed at a meeting of the commissioners of 
New England at the State House, Boston, last year, Hon. E. A. 
Brackett, chairman of the Fish and Game Commission of Massa- 
chusetts, issued a call for the same commissioners to meet at the 
same place on Wednesday, November 16,* at eleven o'clock. 
There were present at this meeting the following commissioners : — 



Maine. 
Henry O. Stanley, Dixfield. 
E. W. Gould, M.D., Searsport. 

Massachusetts. 
E. A. Brackett, Winchester. 
E. H. Lathrop, Springfield. 
I. C. Young, Wellfleet. 



New Hampshire. 
E. B. Hodge, Plymouth. 
W. H. Griffin, Henniker. 

Connecticut. 
Wm. M. Hudson, Hartford. 
R. B. Chalker, Saybrook. 
R. S. Downs, Huntington. 



Rhode Island. 
J. M. K. Southwick. 

Besides the above-named commissioners were the following 
invited guests : Hon. Marshall McDonald, United States fish 
commissioner ; ex-Commissioner Asa French and Mr. Walter M. 
Brackett. 

The meeting was called to order by Hon. E. A. Brackett, chair- 
man, who stated that at the meeting last year the chairman was 
authorized to call a meeting at his discretion, and to invite all 
the commissioners of New England, and others interested in fish 
culture. He had invited all the commissioners. Hon. E. M. 
Stillwell of Maine was in town, but was detained at his hotel by 
illness. The Vermont commissioners were unable to be present, 
owing to a fish and game law now pending in their Legislature ; 
representatives were present from the other New England States. 

He then read the following letter from United States Commis- 
sioner McDonald : — 



1892.] PUBLIC DOCUMENT — No. 25. 29 

I 

United States Commission of Fish and Fisheries, 

Washington, D. C, Nov. 11, 1892. 

Hon. E. A. Brackett, Chairman Massachusetts Commission of Fish 
and Game, Winchester, Mass. 
Dear Sir : — It will give me much pleasure to attend the meeting of 
the New England Fish and Game Commissioners, to be held at the State 
House, Boston, November 16. I was about to visit Gloucester, Mass., 
on official business. 

Some of the New England commissioners have apparently misappre- 
hended the policy and plans of work of the United States Fish Commis- 
sion, and I shall be glad of the opportunity for a full discussion and 
conference in reference to matters of common interest. 

Very truly yours, 

M. McDonald, Commissioner, 

Commissioner McDonald was then introduced. He stated that 
he had come rather to listen than to present his views. He 
believed it was desirable that the State Commissioners should 
understand clearly the policy of the United States Commission, 
and its desire to co-operate with the State commissions ; and 
pointed out the need of collecting such data as would enable the 
commission to supply material upon which to base rational legis- 
lation. 

The great question, to-day, is how to regulate the fisheries so as 
to afford the protection needed without harsh restraint in taking 
fish for market. The policy of the commission has always been 
to improve and maintain a supply of fish for the market ; and for 
this we cannot depend upon the hook and line alone, — we must 
use the net. The question of how to regulate the net fisheries is 
an important one. If the natural supply fails, recourse must be 
made to restocking artificially, wherever it is feasible, as with shad 
and salmon. 

He alluded to the importance of fuller knowledge of the spawn- 
ing habits of fish, and referred to the need of such information 
last winter, when the Lapham bill was before Congress. Consider- 
able attention has been given by the commission, during the past 
summer, to the spawning habits of the menhaden. The informa- 
tion so far obtained points to the conclusion that they spawn all 
along our coast. Farther investigations will be made during next 
year. Requests for observations on this subject have been made 
to all connected with the menhaden fisheries. The supply may 
depend upon the protection of the fish during their spawning 
season, the same as shad and herring. 

Mr. Soutiiwick. Was not the spawning fish you refer to from 
a school that arrived here much earlier than usual? I think the 
time is earlier than these fish appear in our waters. 



30 FISH AND GAME. TDec. 

Mr. Brackett. We have made some observations on these 
fish, during the last two years, in Buzzard's Bay, and I think 
they commence spawning early, for the bay was full of little 
menhaden, about an inch long, in July. There were none seen 
as early as you mention, but they may enter our waters earlier 
than we are aware of, and possibly they may spawn before coming 
to the surface in schools, as I understand you to say that they are 
bottom feeders. Early in October we could dip up thousands of 
them, from three to four inches long. 

The value of menhaden as supplying mercantile commodities, 
and their importance as food for other fish, was discussed. A 
general discussion then followed, on the question of the shad 
fisheries. Dr. Hudson alluded to the artificial propagation and 
increase of shad in the Connecticut River. In 1873 they were 
abundant ; the fishermen found them plenty, and immediately the 
pounds and nets increased with great rapidity ; and every point 
where a net could be swung was occupied. As fast as the fish 
increased the nets multiplied, and, as a result, at the present time 
the Connecticut River contains very few shad. You cannot keep 
up a supply of fish in a river under such circumstances. 

Commissioner McDonald. If we cannot keep up the supply in 
a river naturally, it must be supplied artificially. 

Mr. Chalker spoke of the jetty system employed at the mouth 
of the Connecticut, which it was claimed had much to do in 
lessening the catch of shad. At one point a catch of about thirty 
thousand was made one season, and after the jetty was built the 
catch fell to almost nothing. 

The course of the shad in their approach to the New England 
shores was discussed at length. It was stated that shad which 
had spawned in a river would return to that river the following 
year. Mr. McDonald gave an interesting account of planting 
shad in California waters, and stated that they had appeared in 
rivers where none had been placed. 

In response to a question in regard to the shad fishery in the 
Connecticut and Merrimac rivers, Mr. Brackett stated that these 
fish had decreased to such an extent in both rivers that there 
were but few left. He also described a large run of ale wives 
which passed up the Merrimac as far as the Lawrence dam, where 
they were stopped, then descended the river and went up the 
Ipswich River, greatly crowding it. 

Commissioner McDonald explained that the snow will retard 
the run of shad, and the warm rain will hasten the run ; the tem- 
perature of the water has much to do with the movements of 
fish. 



1892.] PUBLIC DOCUMENT — No. 25. 31 

Mr. Downs referred to the chemical refuse from paper and woollen 
mills, and the poisonous matter from brass foundries, which polluted 
the Connecticut River, and thought it must prove injurious to the fish. 

Mr. McDonald referred to the Hudson, and the amount of 
manufacturing pollution and traffic there, and the condition of the 
fish ; that up to the last year it had maintained its fisheries with- 
out perceptible decrease. 

Mr. Brackett instanced the manufacturing on the banks of the 
Merrimac, and yet salmon, which require purer water than any 
other fish except trout, ascend the river without injury. They 
also go up the Connecticut River. The pollution does not mingle 
with the current, but is confined to the sides near the banks. The 
citizens of Lowell and Lawrence draw their water supply from 
the Merrimac, and he held that, if the people could drink the 
water without injury, the fish could stand it. 

Mr. Downs said that in the Housatonic the fish died from the 
pollution ; the fish would come to the surface of the water, and 
people would wade in and pick them up. 

Mr. McDonald said the pollution of a river may affect young 
fish more than adult. 

Mr. Downs could not understand why the fish should come to 
the surface if they were not affected by the pollution. 

Commissioner McDonald, at the request of those present, made 
a statement in regard to the increase of shad in the waters of the 
country ; although they had diminished in some waters, there was 
a general increase in the fisheries south of New England. It is a 
curious fact that, when shad are numerous in the Chesapeake, 
they fall off in the Delaware. 

Dr. Hudson referred to the meeting of the American fisheries, 
to be held in Chicago, Aug. 8, 1893, and paid a tribute to the work 
of that society. He thought every State should have at least one 
representative present at each meeting, for the papers read there 
and the opportunities for gaining knowledge were of great impor- 
tance. He hoped that Commissioner McDonald would call a 
meeting of all the fish and game commissioners of the United 
States to convene at Chicago about the same time. If they did, it 
would probably be the largest meeting of commissions of fisheries 
and game ever held in this country. 

Commissioner McDonald announced his intention to call a 
meeting about the time of the meeting of the American Fisheries 
Society, and thought that every fish and game club in the country 
should belong to the above society. 

Mr. Chalker spoke of the importance of rearing shad fry in 
ponds ; these ponds to be made by enclosing coves by the river 



32 FISH AND GAME. [Dec. 

banks. He had tried this in a small way last year, and reared 
50,000 fry, and this fall had seen a quantity of young shad where 
he planted them. He placed a number in the Housatonic River, 
near Milford canal. 

Mr. McDonald approved this plan. It was a sure and effective 
way, with less loss of fish, as a rule. 

At this point Mr. Lathrop called attention to the prolonged 
discussion, and suggested that othei important matters to be 
considered at this meeting be brought forward. 

Mr. Brackett then reviewed the circumstances in relation to the 
Gilbert trout bill, its introduction into the Legislature, its passage, 
and its final veto by Governor Russell. He thought the veto was 
generally sustained, as he had not met a fisherman who did not 
heartily approve of it. He also'summarized the points presented 
for and against the bill. 

Dr. Hudson said he had not changed his mind since last year, 
and could see no good reason why a person should not be permitted 
to sell the trout he reared artificially, just as one could raise and 
sell chickens. He thought they could in Connecticut, but people 
did not do so there ; if they did, they would no doubt be arrested 
for so doing. He had no desire to eat a liver-fed trout. 

Mr. Lathrop thought there were two sides to this question, and 
urged Judge Asa French, who was counsel for Mr. Gilbert when 
endeavoring to have the bill passed by the Legislature, to give his 
opinion. 

He did so at length, saying that he was not now acting as 
counsel for Mr. Gilbert, and what he had to say was his individual 
opinion. 

The trout question was then dropped, at the suggestion of the 
chairman, and the important question of lobsters taken up. There 
was a consensus of opinion on this subject, which was the desir- 
ability of a uniform law throughout New England. 

Mr. Brackett recommended a uniform length of ten and one- 
half inches, and strongly urged a law which would regulate the 
distance of the slats apart in the traps (he recommended two 
inches of space) , thus enabling lobsters below a certain size to 
escape ; this, he thought, would remove temptation from those 
disposed to violate the law, and save the lobstermen much time 
and labor in sorting them. He also advised a law forbidding the 
taking of all egg-bearing lobsters. 

Dr. Gould presented the views of many fishermen he had inter- 
viewed ; some favored a specified length, others wanted prohibition 
on egg-bearing lobsters, and some looked upon the present law as 
a hardship to^them. The Maine law limits the length to ten and 



1892.] PUBLIC DOCUMENT — No. 25. 33 

one-half inches, except for two months in each year, when it is 
nine inches, — a concession to the canners, which will probably be 
abolished. He favored a uniform law throughout New England. 

Mr. Chalker stated that the lobsters of Long Island Sound were 
much smaller than those of other waters, and he was not certain 
that the distance named as space between the slats would give 
entire satisfaction. Mr. Young suggested that these lobsters 
might be the same as are found in Vineyard Sound, and called 
ledge lobsters, — a variety not found on the coast of Massachusetts. 

It was suggested by one of the commissioners that a space of two 
inches might permit the bait in the traps to be speedily consumed. 

Dr. Gould said that some of the fishermen of Maine tied their 
bait in a net and hung it in the middle of the trap. He thought 
it a good plan. 

The size of the lobster at various ages was discussed, and 
Commissioner McDonald stated that it was at least seven inches 
long when five years old. 

Mr. Hodge stated that New Hampshire had but about eighteen 
miles of sea-coast, but he was alive to the importance of a uniform 
law, and co-operation with the other States. There are some 
slight differences between the laws of New Hampshire and Massa- 
chusetts, but they could undoubtedly be made identical, and he 
favored a uniform law. 

Mr. Southwick said the legal length was ten inches in Rhode 
Island ; he thought protection should be given to all egg-bearing 
lobsters. 

After a full discussion of the lobster question, Mr. Lathrop 
offered the following resolution : — 

Resolved, That it is the opinion of this meeting of commissioners that 
such legislation as shall protect the egg-bearing lobsters at all seasons 
of the year, and shall forbid the taking of all lobsters under ten and 
one-half inches in length, should be passed by all the sea-coast New 
England States. 

This resolution was unanimously adopted. It was then sug- 
gested that Commissioner Lathrop draft a suitable bill, which 
should be transmitted to each New England commission, and such 
bill be presented to their respective legislatures, and thus secure a 
uniform law on lobsters throughout New England. 

A general discussion then followed on the Gilbert trout bill. 
Mr. Hodge strongly opposed any such measure, and thought such 
a law would encourage the illegal killing of trout in New Hamp- 
shire, to be shipped into Massachusetts. He should regret to see 
such a law on the Massachusetts statute book. 



34 FISH AND GAME. [Dec. 

A large majority of the commissioners were strongly opposed to 
the Gilbert bill, and all appeared to agree in regard to liver-fed 
trout as food. They would not eat them. 

The subject of uniform fish and game laws for New England 
was only briefly discussed, as there was a unanimity of opinion 
expressed that, in some cases, the climatic conditions varied to 
such an extent as to make it impracticable. 

The chairman referred to the meeting to-day as being an 
adjourned meeting from last year. What should they do ? Adjourn 
permanently, or not? 

Mr. Hodge expressed his pleasure at meeting his brother com- 
missioners, and hoped the meeting would continue, as there is 
pleasure and profit to be derived from such meetings. 

Dr. Hudson agreed with the last speaker, and, on motion, it 
was unaimously Voted, That this meeting be adjourned, subject to 
the call of the chairman, Commissioner E. A. Brackett. 



1892.] PUBLIC DOCUMENT — No. 25. 35 



[CJ 

THE SHORE FISHERIES. 

Before the Committee on Merchant Marine and Fisheries 
of the House of Representatives of the Fifty-Second 
Congress, March 2, 1892. 

In conformity to a Resolution of the Legislature of Massachusetts 
and the action of her Executive thereupon, this brief statement of 
points and authorities is respectfully submitted, to show that Con- 
gress has, under the Constitution, no power to enact the legisla- 
tion proposed in House Bill No. 5030, referred to this committee, 
giving to any citizen of the United States the right at all times to 
take menhaden and mackerel with purse seines along the sea-coasts 
and shores of the United States, and in the bays, harbors and estu- 
aries thereof, notwithstanding any State law, custom or usage. 

The subject is of great importance to the people of Massachu- 
setts, who found it necessary to protect the fisheries of Buzzard's 
Bay against the encroachment of foreigners' and fishermen from 
other States, by chapter 192 of the Acts of the Legislature of the 
year 1886. This act prohibits fishing with any drag, set or gill net, 
or purse or sweep seine in Buzzard's Bay. It was sustained by 
the Supreme Court of Massachusetts, in Commonwealth v. Man- 
chester, 152 Mass. 230, and this decision was affirmed by the 
Supreme Court of the United States, in Manchester v. Massachu- 
setts, 139 U. S. 240. 

This case decides (1) that the Massachusetts statute is valid ; 
(2) that it may be enforced against a vessel having a United 
States fishing license ; (3) that, within the territorial limits of 
States as recognized by the law of nations, being a marine 
league from the shore, treating the headland line of bays whose 
headlands are not more than two marine leagues apart as part 
of the shore line, a State may define its boundaries on the sea, 
and the boundaries of its counties ; and that under this power 
Massachusetts may include and has lawfully included the whole 
of Buzzard's Bay within the limits of its counties ; (4) that 
this exercise of jurisdiction does not conflict with the admiralty 
and maritime jurisdiction of the courts of the United States ; 
and (5) that there are no existing treaties or acts of Congress 



36 FISH AND GAME. [Dec. 

touching the menhaden fisheries in Buzzard's Bay. The question 
of the power of Congress to control the shore fisheries, not being 
involved, is not discussed. 

I. 

1. By the law of nations, and by the common law of England, 
the waters and beds of the sea contiguous to the shore belong to 
the sovereign, for the benefit of its subjects. This is a funda- 
mental proposition, on which the authorities are so uniform and 
familiar that they need not be cited. 

2. It was settled many years ago that these rights in the 
tidal waters and the beds thereof, within the limit of jurisdiction, 
have vested, under the cession of our territory by Great Britain at 
the close of the revolution, in the States severally, and not in the 
United States ; subject, of course, to the power of Congress to 
regulate commerce and navigation. New Orleans v. United States, 
10 Pet. 662 ; Pollard v. Hagan, 3 How. 212 ; Mumford v. Ward- 
well, 6 Wall. 423, 436 ; Webber v. Harbor Commissioners, 18 
Wall. 57, 65 ; Barneyv. Keokuk, 94 U. S. 324; Dunham v. Lam- 
phere, 3 Gray (Mass.), 268 ; Commonwealth v. Roxbury, 9 Gray, 
451, 481, 483. 

3. It is settled also that the States own the fish within these 
waters, so far as they can be the subject of property rights. Mar- 
tin v. Wadclell, 16 Pet. 367, 410 ; Smith v. Maryland, 18 How. 71 ; 
McCready v. Virginia, 94 U. S. 391 ; See also, Vattel, Book 1, 
sections 234, 235, 246, 287 ; Wheaton Int. Law, part II. c. 4. 

4. And that the ownerships and control of these waters, beds 
and fisheries by the States, are not inconsistent or in conflict with 
the power of Congress over commerce and navigation. Wilson v. 
Blackbird Creek Marsh Co., 2 Pet. 245; Smith v. Maryland, 18 
How. 71, 74; Manchester v. Massachusetts, ubi stipra, and cases 
cited. 

Nor with the admiralty and maritime jurisdiction of the United 
States. U, S. v. Bevans, 3 Wheat. 336 ; Smith v. Maryland, 
ubi supra. 

TI. 

The Constitution contains no express grant of power to the 
United States over the shore fisheries. If it has any such power 
as this bill seeks to exercise, it must be derived by implication, 
either from the commerce clause, or from the right to protect the 
citizens of the United States in the privileges and immunities of 
citizens in the several States. 

1. It is not claimed, even in this period of liberal construction, 
that any further powers are implied in the Constitution of the 



1892.] PUBLIC DOCUMENT — No. 25. 37 

United States, beyond those which are reasonably necessary to 
sovereignty, or to the exercise of the powers expressly conferred. 
And it will not be claimed that the power to control the shore 
fisheries is necessary to the sovereignty of the United States, or 
to the exercise of any of its express powers. 

2. It has never been assumed or determined, either by Con- 
gress or by any Federal court, that the commerce clause confers 
upon Congress the control of the shore fisheries. The history of 
the subject in the courts, and the whole course of decisions above 
cited, indicate the contrary. And it is now substantially held 
that the commerce clause confers no such power. McCready v. 
Virginia, ubi supra; Manchester v. Massachusetts, ubi supra. 

The existence or exercise of such a power is necessarily incon- 
sistent with the property rights of the States in the tidal waters 
and beds thereof and the fish therein, as determined by the Supreme 
Court of the United States in the cases above cited. 

It is important to remember also that the decision of Manchester 
v. Massachusetts was made long after the Supreme Court of the 
United States had declared, in the State Freight Tax case, 15 Wall. 
232, 279, and the line of cases which follows it, that the commerce 
clause of the constitution, ex proprio vigor e, excludes any regula- 
tion of the subject by the States ; and that any such State regula- 
tion is invalid upon a subject over which Congress has exclusive 
control, as it has over commerce, whether Congress has or has not 
acted thereon. The decision in Manchester v. Massachusetts, 
therefore, necessarily assumes and involves the determination that 
the commerce clause gives Congress no power over the shore 
fisheries. If Congress had such power, the court, in conformity 
to its established doctrine of the exclusiveness of the power of 
Congress, must have held the Massachusetts law invalid. 

3. It was long ago held, by the highest and most respectable 
Federal authority save only the Supreme Court of the United 
States, that the right to share in the use and enjoyment of tidal 
waters, their beds and fisheries, within the jurisdictional limit, is 
not a ; ' privilege or immunity " to which the citizens of the United 
States are entitled in all the States, but a property right, from the 
enjoyment of which the States may lawfully forbid all others save 
their own citizens. Corfield v. Coryell, 4 Wash. C. C. 380, by 
Mr. Justice Washington ; Bennett v. Boggs, Bald. C. C. 60. 

These decisions have often been referred to with approval in 
the cases above cited, and others, and their doctrine is affirmed in 
McCready v. Virginia, ubi supra. 

In this case (94 U. S., at p. 395), the court says in so many 
words, by Mr. Chief Justice Waite, delivering the unanimous 



38 FISH AND GAME. [D 



ec. 



opinion, after declaring the title of the States to the tide waters, 
their beds, and the fish in them " subject to the paramount right 
of navigation, the regulation of which in respect to foreign and 
interstate commerce, has been granted to the United States; 
There has been, however, no such grant of power over the fisheries. 
These remain tinder the exclusive control of the State. It has, 
consequently, the right in its discretion to appropriate its tide 
waters and their beds to be used by its people as a common for 
taking and cultivating fish, so far as it may be done without 
obstructing navigation. Such an appropriation is, in fact, nothing 
more than a regulation of the use by the people of their common 
property. The right which the people of the State thus acquire 
comes not from their citizenship alone, but from their citizenship 
and property combined. It is in fact a property right, not a 
mere privilege or immunity of citizenship." 

III. 

1. There are two considerations, which, even in the absence 
of all judicial authority, would be almost conclusive against the 
existence of such a power in the Federal government. 

First. Although the fisheries were a leading and important 
industry from the earliest settlement of the country, and had been 
such for more than a century and a half at the time of the adoption 
of the Constitution, and although the framers of the Constitution 
must be presumed to have known that the shore fisheries belonged 
to the States as a proprietary right, which could not be taken 
away or interfered with by implication or by anything short of 
express grant, that instrument is silent on the subject. So vital a 
matter cannot have been omitted by inadvertence. The inference 
is strong that the framers of the Constitution did not intend to 
confer on Congress, and did not understand that they were con- 
ferring, the control of the shore fisheries. 

There were, it is true, references to the fisheries in the debates 
on the Constitution, from which an argument might possibly be 
drawn that they were there regarded as a branch of commerce ; 
so, indeed, are the ocean and foreign fisheries. But these refer- 
ences are all consistent with the theory of the exclusive rights of the 
States in the shore fisheries, and indicate no purpose to interfere 
with them, and no understanding that they were interfered with by 
the Constitution as adopted. While it is true that commerce may 
arise out of the fisheries, it is not true that the fisheries, especially 
the shore fisheries, are necessarily a part of commerce. In the 
light of this distinction, any argument from the debates on the 
Constitution disappears. Madison Papers, Debates on Constitu- 
tion, volume 5, pp. 489, 526. 



1892.] PUBLIC DOCUMENT — No. 25. 39 

Second. At this stage of our history it is of the greatest force 
against the claim of such power, that it has never been exercised 
for more than a century, notwithstanding the fisheries have always 
remained a leading and important industry, and have been before 
the attention of Congress many times for various purposes ; 
throughout which period the States have constantly asserted and 
exercised control over the shore fisheries. 

2. The claim that the United States has undertaken, in the 
treaties with Great Britain of 1783, 1818, 1854 or 1871, to 
exercise control over the shore fisheries, is untenable. In these 
treaties nothing more was done or attempted than to confer on 
British subjects such rights as belonged to the citizens of the 
United States in common. There was no attempt to interfere 
with the exclusive or property rights of the States. 

3. Examination of the legislation of Congress, from the 
adoption of the Constitution, discloses these acts touching the 
fisheries : — 

1 U. S. St. at Large, 27. (1st Cong.) Drawback on expor- 
tation of fish. 

Ibid., 60, 61. This relates only to vessels engaged in bank or 
whale fisheries. 

Ibid. (2d Cong.) 229-232. This also relates only to vessels 
engaged in the bank and cod fisheries. 

Ibid., 260. This also is of the same character, and imposes a 
duty on pickled fish. 

Ibid., 305-318. This is an enrolling and licensing act, regu- 
lating vessels employed in the coasting trade, and bank and cod 
fisheries. 

Ibid. (5th Cong.) 533, 534. Allowance to ships in the bank 
and cod fisheries. 

Ibid., 692. Bounty on pickled fish. 

2 U. S. St. at Large, 36, 37 (6th Cong.), extends for ten years 
the above act of the 2d Congress. 

Ibid., 137, 138 (7th Cong.), relates only to persons engaged in 
fisheries in the district of Edenton. 

Ibid., 552 (11th Cong.) , provides that allowances given by certain 
collectors to fishing vessels shall be credited at the treasury. 

3 U. S. St. at Large, 2, 3 (13th Cong.), provides for the govern- 
ment of persons carrying on the bank and other cod fisheries. 

Ibid., 49-52, provides for bounties on pickled fish exported, 
and for allowances to certain vessels employed in bank and 
other cod fisheries. 

Ibid., 254 (14th Cong.), continues in force the former Act of 
July 29, 1813. 



40 FISH AND GAME. [Dec. 

Ibid., 417 (15th Cong.), provides for a bounty to fishing vessels 
in certain cases. 

Ibid., 520, is an act in addition to and alteration of the Act of 
July 29, 1813. 

4 U. S. St. at Large (18th Cong.), provides for a bounty to ves- 
sels in the cod fisheries in certain cases. 

Ibid., 312 (20th Cong.), provides for licensing vessels to be 
employed in mackerel fisheries. 

Ibid., 492 (21st Cong.), is an act concerning vessels employed 
in the whale fisheries. 

9 IT. S. St. at Large, 43 (29th Cong.), contains a provision for 
a drawback in lieu of bounty on pickled fish. 

12 U. S. St. at Large, 803 (37th Cong.), contains a provision 
regulating fishing in waters within the District of Columbia. 

13 U. S. St. at Large, 142 (38th Cong.), contains a provision 
as to payment of fishing bounties provided for in Act of July 29, 
1813. 

14 U. S. St. at Large, 417 (39th Cong.), gives the assistant 
collector of the Port of Camden, N. J., power to regulate and 
license all vessels engaged in the coasting trade and fisheries. 

16 U. S. St. at Large, 593, 594 (41st Cong.), is a joint resolu- 
tion establishing a commission for the protection and preservation 
of the food fisheries of the coasts of the United States. 

18 U. S. St. at Large (43d Cong.), 137, 207 and Ibid., 374, 
provides for appropriations to continue inquiries into the decrease 
of food fisheries of the coast and lakes, and for the introduction 
of shad and other fish into the waters of the United States. 

20 U. S. St. at Large, 240 (45th Cong.), provides for an appro- 
priation to pay the Halifax award. 

21 U. S. St. at Large, 71 (46th Cong.), is an act for the 
protection of fisheries in the Potomac River, in the District of 
Columbia. 

Ibid., 150, 264 and 440, provide for appropriations for the 
propagation of food fish. 

Ibid., 151, provides for a Fish Hatching Steamer, and that the 
vessels of the United States Fish Commission be placed on the 
same footing with the navy department as those of the United 
States Coast and Geodetic Survey. 

22 U. S. St. at Large (47th Cong.), 10, 331, 332, 627, 628, 
provide for appropriations for a steamer for the work of the Fish 
Commission, for the propagation of food fish, and for a fishing 
battery. 

23 U. S. St. at Large, 205, 239, 450, 494, provide for appropria- 
tions for the work of the Fish Commission. 



1892.] PUBLIC DOCUMENT — No. 25. 41 

Ibid., 275, is an act for a lease of lands in Michigan to the Fish 
Commission of Michigan. 

24 U. S. St. at Large, 236, 262, 289, 523 (49th Cong.), provide 
appropriations for the work of the Fish Commission. 

Ibid., 434 (49th Cong., Feb. 1887). This forbids for five years 
the importation or landing of mackerel caught between March 1 
and June 1. So far as it forbids importation, it clearly refers only 
to foreign or ocean fishery ; and the prohibition against " landing " 
must be taken as intended to make the other prohibition effective. 
There is also an express exception in favor of shore fisheries. 

Ibid., 475. Retaliation act of March, 1887, closing our ports 
to Canadian fishermen in certain cases. 

25 U. S. St. at Large, 1 (50th Cong.), provides for the salary 
of the Fish Commissioner. 

Ibid., 27, 50, 158, 160, 521, 522, 569, 953, 954, 1009, make 
appropriations for the work of the Fish Commission. 

Ibid., 425, provides for the building of fish-ways, when the 
United States in making improvements in rivers has made obstruc- 
tions therein. 

26 U. S. St. at Large (51st Cong.), 35, 64, 383, 384, 506, 507, 
964, 965, provide for appropriations for the work of the Fish 
Commission. 

I think it can be affirmed that in no one of these acts is there 
anything inconsistent with the State ownership and control of the 
shore fisheries, or manifesting any understanding of the United 
States that it had such right or control, or any purpose to exercise 
it. Nearly all of them are plainly applicable only to the ocean and 
foreign fisheries, between which and the shore fisheries within the 
jurisdictional line of the States there is a well-defined distinction. 
It is clear that the treaties never undertook to give British subjects 
any rights save those which belong to all citizens of the United 
States in common ; and the statutes relate only to duties, bounties 
and drawbacks on the importation or exportation of fish, the 
regulation of vessels engaged in the bank or cod and whale fish- 
eries, and the establishment of a fish commission to promote the 
propagation of fish ; which last is obviously for the common benefit 
of the shore and ocean fisheries and of all the people of all the 
States, or at least of all the sea-board States ; and involves no 
exercise or even assertion of any right or control over the shore 
fisheries of the States to the prejudice of State ownership and 
control. 

4. The committee is doubtless familiar with the report of the 
committee on judiciary (No. 2385) by Mr. Tucker, in the 49th 
Cong., 1st. sess., that " the navigable waters within each State 



42 FISH AND GAME. [Dec. 

belong to it, subject to the paramount right of navigation, for 
the benefit of its own people, and it has the right to secure the 
exclusive right of fishing in them to its own citizens, by virtue 
of their common property in said waters, and that citizens of 
other States have no constitutional right, nor can Congress confer 
any, to participate in them." 

This apparently disposed of the subject to the satisfaction, at 
least, of that Congress. 

5. The whole argument may be summarized in these propo- 
sitions ; of which the first two are conclusively settled by 
authority, and the third practically so. 

First. The title to the waters and bed of the sea, and to the 
fisheries therein, to the extent of the jurisdictional limit of a 
marine league and not merely within the body of counties, is in 
the States, subject to rights of navigation, and not in the United 
States. 

Second. This is a proprietary right ; and the control and regu- 
lation of the waters and fisheries which go with it arise out of 
proprietorship, and not out of sovereignty. 

Third. There is nothing expressed or implied in the Constitu- 
tion of the United States sufficient to divest the States of this 
proprietary interest or right of control and vest it in the United 
States. 

For the reasons thus briefly and imperfectly suggested, I 
respectfully submit that the shore fisheries, within the three- 
mile limit, are in the exclusive control of the States, and that 
the legislation proposed by House Bill No. 5030 is beyond the 
power of Congress. 

A. E. Pillsbury, Attorney-General, 

for the Commonwealth of Massachusetts. 



1892.] PUBLIC DOCUMENT — No. 25. 43 



[D.] 

REPORTS OF DEPUTIES. 

Commissioners on Inland Fisheries and Game. 

Gentlemen : — I respectfully submit a report of the fish and 
game laws which I am detailed to enforce. 

I have inspected the coast, from New Hampshire to the Rhode 
Island line, in a steamer purchased for that purpose. There have 
been no menhaden on the coast except a few in Buzzard's Bay, and 
no violation of the seining law, to my knowledge. My attention 
has been called by the fishermen to the destruction of the lobster 
business, and I have devoted most of my time to that branch. 
The ten and one-half inch law was first proposed by the fishermen 
themselves, for their own protection, and in some places has been 
detrimental instead of beneficial to persons who respect the law. 
Some people will not comply with the law under any circumstances, 
and as long as they can catch the little ones will dispose of them 
in some manner, regardless of the consequences. Many of these 
violators have been arrested, and convicted, but as a rule the 
courts let them off easy, and they continue in the same illegal 
business, and make up the amount of their fines in a few days. 
Nearly all the fishermen believe that the law is a good one, if 
everybody can be compelled to abide by it ; but it would take 
several men in each town to enforce said law to the letter. After 
a careful study of the business for a number of years, I am satisfied 
that the only thing which can be done in justice to all concerned 
is to oblige every lobster fisher to construct his traps in such a 
manner that the small ones will go out between the laths or sticks ; 
or, in other words, place the laths or sticks two inches apart. I 
have found some places on the coast where the laths on the traps 
are two and one-quarter inches apart, and in said places they do 
not catch many small lobsters. 

Some of the fishermen who are dissatisfied with the working of 
the present law propose a close season ; but I do not think a close 
season would work well in this State, for the reason that the time 
when the people of the north shore would have fishing prohibited 
is the only time in the year that lobsters can be caught on the 



44 FISH AND GAME. [Dec. 

south side of Cape Cod. During the mouths of July and August, 
when lobsters along the northern New England coast have just 
shed their shells and are thin shelled and soft, there is a school of 
lobsters on the Nantucket shoals and around Monomoy which are 
the largest and best that I have seen at any time of the year in 
any part of the State. To have a close season at the proper 
time, to protect lobsters in Massachusetts Bay, would deprive these 
other fishermen of a livelihood and deprive the market of the best 
lobsters. A law regulating the lobster trap would accomplish the 
work which the ten and one-half inch law was enacted to do, and 
would protect the fishermen as well. 

I have seized and returned alive to the waters, in places where 
the catch has been depleted, seven thousand lobsters, together 
with ten million eggs. 

Chapter 28, Acts of 1881, requires the owner of every weir, net 
or lobster trap to make returns to the Commissioners on Inland 
Fisheries and Game on or before the twentieth day of October in 
each year. I have sent blanks to the owners aforesaid, and find 
the law generally complied with. 

I have made three arrests for violation of the game laws, and 
two of the parties were found guilty and fined, while in the other 
case the defendant was discharged on account of an error in the 
passage of the law. The defendant was complained of, under 
section 8 of chapter 276 of the Acts of 1886, for having quail 
in his possession during the close season. The law reads as 
follows : — 

" Section 1. Whoever takes or kills a pinnated grouse at any 
time, or a woodcock, between the first day of January and the 
first day of August, or a ruffed grouse, commonly called partridge, 
between the first day of January and the first day of October, or 
a quail between the first day of January and the fifteenth day of 
October, or a wood or summer duck, black duck or teal, or any 
of the so-called duck species, between the fifteenth day of April 
and the first day of September, shall be punished by a fine of 
twenty dollars for every bird so taken or killed. 

" Sect. 2. Whoever takes or kills a plover, snipe, sandpiper, 
rail or any of the so-called shore, marsh or beach birds, between 
the first day of May and the fifteenth day of July, or a wild or 
passenger pigeon or a gull or a tern between the first day of May 
and the first day of October, shall be punished by a fine of ten 
dollars for every bird so taken or killed. 

" Sect. 3. Whoever buys, sells or has in his possession any 
of the birds or animals named in this act, and protected thereby, 
during the time within which the taking or killing thereof is pro- 



1892.] PUBLIC DOCUMENT — Xo. 25. 45 

hibited, whenever or wherever the aforesaid birds may have been 
taken or killed, shall be punished by a fine of twenty dollars for 
the birds protected by section 1, and ten dollars for the birds 
protected by sections 2 and 4 ; jrrovided, however, that any person, 
firm or corporation dealing in game may buy, sell or have in pos- 
session quail from the fifteenth day of October to the first day of 
May, and pinnated grouse, wild pigeons and any of the so-called 
shore, marsh or beach birds, or any of the so-called duck species, 
at any season, if not taken or killed in this Commonwealth con- 
trary to the provisions of this act." 

In 1891 another law was passed, which, instead of being an 
amendment to section 1 of chapter 276 of the Acts of 1886, is a 
separate law by itself, and reads as follows : — 

" Section 1. Whoever takes or kills a pinnated grouse at any 
time, or a woodcock or a ruffed grouse, commonly called a par- 
tridge, between the first day of January and the fifteenth day of 
September, or a quail between the first day of January and the 
fifteenth day of October, or a wood or summer duck, or teal, or 
any of the so-called duck species, between the fifteenth day of 
April and the first day of September, shall be punished by a fine 
of twenty dollars for every bird so taken or killed. 

"Sect. 2. Section 1 of chapter 276 of the Acts of 1886, as 
amended by chapter 292 of the Acts of 1888 and by chapter 249 
of the Acts of 1890, is hereby repealed." 

The court ruled that section 3 depended upon section 1, and 
that, when chapter 142 of the Acts of 1891 repealed section 1, 
it also annulled section 3 ; and that, according to the law as it 
now stands, the possession of a game bird is not an offence at 
any season of the year. I would recommend that the law be 
amended so as to make possession of game birds an offence during 
the time within which the taking or killing of the birds aforesaid 
is prohibited, and also a uniform season for taking or killing 
said birds. 

Total number of arrests, . . . . . . .18 

Violation of lobster law, 13 

Violation of game law, 3 

Assault, 2 

Convicted and fined, 11 

Cases pending, . 6 

Discharged, 1 

Amount of fines imposed, ...... $1,080 

Respectfully submitted, 

Wm. H. Proctor, 

District Police Officer. 



46 FISH AND GAME. [Dec. 



Marion, Nov. 15, 1892. 
To the Commissioners on Inland Fisheries and Game. 

Gentlemen : — In submitting my report for the year, I would 
most respectfully call your attention to the great necessity of 
further legislation for the better protection of our State fisheries. 
In the performance of my duties as State deputy commissioner, I 
have watched the workings of the present law, and, after giving 
it considerable thought, I am fully convinced that the law giving 
selectmen of towns the right to issue permits for the taking of 
fish with pounds is wrong, and should be repealed. This is a 
question which is causing considerable agitation among a large 
majority of the people in this vicinity ; and, although almost all 
towns bordering upon Buzzard's Bay have refused to instruct 
their selectmen to issue permits, there is a feeling of uncertainty 
lest the selectmen may, under the influence of town politics, issue 
permits, thereby breaking the link that is to-day holding them so 
solidly together for the protection and increase of the fisheries. 
What is needed is new legislation, either prohibiting the setting 
of pounds in Buzzard's Bay or giving the issuing of permits to 
others than the selectmen, thereby placing it beyond the control 
of town politics. 

In relation to the lobster fisheries, I find that, while the market- 
men as a rule have no desire to handle anything but what the law 
allows, there is a tendency on the part of the fishermen — and 
in some instances also the marketmen, who being located near 
some summer resort and having nothing but their own personal 
gain at heart, look only at the present, rather than the future — 
to persist in catching and offering for sale short lobsters. Among 
this class of fishermen and marketmen I have made several 
seizures during the year, and in taking the several parties into 
court I have convicted every case, with fines amounting to 
nearly three hundred dollars. If there could be a law, as recom- 
mended by Mr. Proctor in his report of last year, regulating the 
distance between the laths or sticks of lobster pots, so as to let 
the small lobsters escape, I think it would meet the approval 
of every honest fisherman, check the illegal practice of the dis- 
honest ones, and add very materially to the increase of the lobster 
catch. 

All complaints of the bird laws have been promptly investi- 
gated ; but, from the fact of there being one month's difference 
between the open season on partridge and quail, it is impossible 
to convict unless the parties are caught in the act. With a uniform 
season, the hunter would have no excuse to be in the woods with 



1892.] PUBLIC DOCUMENT — No. 25. 47 

his gun and dog out of season ; and, for the protection of the 
birds and the enforcement of the laws, better results could be 
attained than at present. 

Respectfully submitted, 

John W. Delano, 

Deputy Commissioner. 



To the Commissioners on Inla,7id Fisheries and Game, 

Gentlemen : — I submit the following report as the result of 
my efforts to enforce the fish and game laws of the State during 
the year. There has been a decided improvement in the observ- 
ance of the laws in relation to game. Very few complaints have 
been sent me, as compared with previous seasons ; only two arrests 
have been made, and those were for offering game for sale in the 
close season. The parties were convicted and paid their fines. 
With the exception of quail and woodcock, the markets have 
shown a decrease. Partridges have been scarce, and prices higher 
than in former seasons. This, in some measure, is due to the law 
in New Hampshire, prohibiting the transportation of partridges 
out of the State. The open season for shooting in New Hamp- 
shire is September 1, while in Massachusetts it is the 15th. The 
result of this difference is two weeks' shooting in Massachusetts 
by parties from New Hampshire, all along the State line. Com- 
plaints of this nature have been sent me. A distance of seventy 
miles is quite a space for one person to properly guard, and it is 
extremely difficult for an officer to locate the State line when he 
attempts to prosecute an offender. The open season for the 
shooting of game birds in Massachusetts and New Hampshire 
should be on the same date. Early in September, half-grown gray 
squirrels and rabbits were offered for sale by hunters at the low 
price of five cents each. September 1 is too early to shoot such 
game ; and, with an open season of six months, it is useless to 
expect much increase. To be allowed to kill gray squirrels and 
rabbits in January and February is certainly not in the interest of 
those who hunt them. Three months of good shooting is better 
for the hunter than six months of poor shooting. 

The law passed at the last Legislature in relation to the length 
of trout that may be offered for sale has been a great help in 
protecting the small trout, and trout of illegal length have not 
been seen in the markets. It would be an improvement if the law 
were made applicable to those who catch as well as to those who 
offer for sale. 



48 FISH AND GAME. [Dec. 

The traffic in small and mutilated lobsters is now confined 
chiefly to those who catch them. No respectable dealer intends 
to have them upon his premises, and some of the express com- 
panies have refused to transport them. At Marblehead and 
Nahant nearly all the catchers have shown a disposition to con- 
tinue in this traffic, especially during the beach season ; and 
thousands of small lobsters have been mutilated, and the tails and 
claws smuggled into the beach houses and lunch saloons during 
the night time. I have caused six of the parties engaged in the 
business to be brought before the courts. All were adjudged to 
be guilty, and the amount of fines imposed in the several cases 
was $930. Four of the cases are now pending in the superior 
court. 

The menhaden did not come into the Merrimac River this 
season, and, in consequence, the supply of bait taken was 
frequently composed of alewives and young shad, and what the 
fishermen term blue-backs. Six weeks' fishing nearly exhausted 
the supply of that mixture, and many vessels were obliged to go 
to other places for bait. 

Salmon were taken with single hook and line in the Merrimac 
this season. P. McCarthy of Lawrence caught one which weighed 
ten pounds ; five were caught above the State line, near Nashua ; 
and it is reported that four more were illegally taken at Reed's 
Ferry and Suncook River (a tributary of the Merrimac). 

The construction of a dam across the Merrimac (three miles 
above Concord) has caused an obstruction to the passage of fish, 
such as will require the building of a fishway. 
Respectfully yours, 

B. P. Chad wick, 

Deputy Commissioner. 
Bradford, Nov. 14, 1892. 



1892.] PUBLIC DOCUMENT — No. 25. 49 



[E.] 

PROPOSED AMENDMENT OF THE GAME LAW. 

Section one of chapter one hundred and forty-two of the Acts 
of the year eighteen hundred and ninety-one is hereby amended 
by inserting after the words " between the fifteenth day of April 
and the first day of September " the following words, viz. : " And 
whoever buys, sells or has in his possession any of the birds or 
animals named in this act and protected thereby, during the time 
within which the taking or killing thereof is prohibited, whenever 
or wherever the aforesaid birds or animals may have been taken or 
killed ; " and by inserting at the end of said section the words 
" or had in possession ; " so that said section shall read as 
follows : — 

Section 1. Whoever takes or kills a pinnated grouse at any 
time, or a woodcock, or a ruffed grouse, commonly called a par- 
tridge, between the first day of January and the fifteenth day of 
September, or a quail between the first day of January and the 
fifteenth day of October, or a wood or summer duck, black duck 
or teal, or any of the so-called duck species, between the fifteenth 
day of April and the first clay of September; and whoever buys, 
sells or has in his possession any of the birds or animals named 
in this act and protected thereby, during the time within which the 
taking or killing thereof is prohibited, whenever or wherever the 
aforesaid birds or animals may have been taken or killed, shall be 
punished by a fine of twenty dollars for every bird so taken or 
killed, or had in possession. 



50 FISH AND GAME. [Dec. 



[F.] 

LEGISLATION. 

Acts of 1892. 
[Chapter 102.] 

An Act relating to the pursuing of wild fowl. 
Be it enacted, etc., as follows : 

Section 1. So much of section six of chapter two hundred 
and seventy-six of the acts of the year eighteen hundred and 
eighty-six, and acts amendatory thereof, as imposes a penalty 
for pursuing any wild fowl with or by aid of a sail boat, is hereby 
repealed. 

Sect. 2. Whoever pursues any wild fowl with or by aid of a 
boat propelled by steam or by naphtha, or by aid of a boat or ves- 
sel propelled by any mechanical means other than sails, oars or 
paddles, shall be punished by a fine of twenty dollars. [Approved 
March 25, 1892. 



[Chapter 188.] 
An Act relating to the taking of scallops in the waters 

of the town of marion. 
Be it enacted, etc., as follows: 

Section 1. The selectmen of the town of Marion may grant 
permits, in writing, to take scallops from the waters within the 
limits of said town, in such quantities, at such time or times within 
one year, by such methods and under such regulations, as may be 
expressed in their permit, and they may charge and receive there- 
for in behalf of and for the use of said town such sums as they may 
deem proper. But every inhabitant of said town may without 
such permit take scallops from the waters of the town for the use 
of his family, from the first day of October to the first day of April, 
not exceeding in any week three bushels, including the shells ; and 
any inhabitant of the Commonwealth may take from the waters of 
said town scallops for the use of his family, from the first day of 
October to the first day of April, not exceeding in any week three 
bushels, including the shells, having first obtained a permit so to 
do from the selectmen of said town. 



1892.] PUBLIC DOCUMENT — No. 25. 51 

Sect. 2. No person shall take any scallops from the waters of 
said town without a written permit from the selectmen thereof, 
except as provided in the preceding section. Whosoever violates 
the provisions of this act shall be punished by a fine of not less 
than twenty or more than one hundred dollars, or imprisoned in 
the house of correction not less than thirty days or more than six 
months, or by both such fine and imprisonment. One half of the 
fine shall be paid to the complainant and the other half to the 
county within which the offence was committed. 

Sect. 3. Nothing in this act shall be construed to affect any 
acts relating to the oyster fishery, or to impair the private rights 
of any person, or in any way to limit or affect the provisions of 
law for the protection of fisheries other than the scallop fishery, 
or to permit the taking of scallops upon any oyster grounds or 
beds other than public grounds or beds. 

Sect. 4. All the privileges which the citizens of Rochester 
and Mattapoisett had before this act takes effect, to take scale 
and shellfish from the shores or flats within the town of Marion, 
shall remain the same as if this act had not passed. 

Sect. 5. District courts and trial justices shall have concurrent 
jurisdiction with the superior court of all offences under this act. 

Sect. 6. Section three of chapter two hundred and twenty of 
the acts of the year eighteen hundred and eighty-five and all acts 
and parts of acts inconsistent herewith are hereby repealed. 
[Approved April 22, 1892. 



[Chapter 186.] 

An Act to regulate the taking of eels and white perch in 

the waters of the town of mattapoisett. 
Be it enacted, etc., as follows: 

Section 1. The selectmen of the town of Mattapoisett may 
grant permits in writing to take eels and white perch from the 
waters within the limits of Barlow's pond and Mattapoisett river, 
in the town of Mattapoisett, in such quantities, at such time or 
times within one year from the granting of such permit, and by 
such methods and under such regulations as may be expressed in 
their permit. But every inhabitant of either of the towns of 
Rochester, Marion and Mattapoisett may without such permit take 
eels and white perch from the waters of said Barlow's pond and 
Mattapoisett river. 

Sect. 2. No person shall take any eels or white perch from the 
waters of Barlow's pond or Mattapoisett river without a written 
permit from the selectmen of Mattapoisett, except as provided in 



52 FISH AND GAME. [Dec. 

the preceding section. Whoever violates the provisions of this 
act shall be punished by a fine of not less than five dollars nor 
more than ten dollars for each offence. [Approved April 20, 
1892. 



[Chapter 196.] 

An Act relative to the fisheries of the town of mashpee. 
Be it enacted, etc., as follows : 

Section one of chapter two hundred and sixty-four of the acts 
of the year eighteen hundred and eighty-four is hereby amended 
by striking out the first four lines of said section, and the words 
"line drawn from Gooseberry island to Mashpee neck", in the 
fifth line, and inserting in place thereof the following words : — 
No person shall fish for or take or destroy in the waters of the 
town of Mashpee, leased by said town to any person, any fish, 
shellfish or eels, except as permitted by such lease ; and no person 
not an inhabitant of the town of Mashpee shall fish for, take or 
destroy in the waters within said town, — also by inserting after 
the word "however", in the fourteenth line of said section, the 
words : — that the foregoing provisions shall not apply to Hamlin's 
pond and its outlet, nor to the trout fishery in Popponessett bay, 
south of a line drawn from Gooseberry island to Mashpee neck ; 
and provided, farther, — so as to read as follows: — Section 1. 
No person shall fish for or take or destroy in the waters of the 
town of Mashpee, leased by said town to any person, any fish, 
shellfish or eels, except as permitted by such lease ; and no person 
not an inhabitant of the town of Mashpee shall fish for, take 
or destroy in the waters within said town any fish, shellfish or eels, 
without a written permit or lease from the selectmen of said town, 
stating the time, place, manner and number in which the same 
may be taken ; nor shall any inhabitant of said town at any one 
time take more than three bushels of shellfish for bait, or take any 
fish, shellfish or eels for the purpose of selling the same, without 
a written permit from said selectmen, who may grant the same for 
such sum, to be paid to the use of said town, as they shall deem 
proper : provided, however, that the foregoing provisions shall not 
apply to Hamlin's pond and its outlet, nor to the trout fishery in 
Popponessett bay, south of a line drawn from Gooseberry island 
to Mashpee neck; and provided, farther, that no seining shall be 
allowed in any of the waters of said town ; but the inhabitants of 
said town may take such fish, shellfish and eels for family use 
without such permit, except from such fisheries as are lawfully 
leased by said town to others. [Approved April 22, 1892. 



1892.] PUBLIC DOCUMENT — No. 25. 53 

[Chapter 252.] 
An Act to prohibit the sale of trout less than six inches 

in length. 
Be it enacted, etc., as follows: 

Section 1. Whoever sells or offers or exposes for sale in this 
Commonwealth, at any season of the year, any trout less than six 
inches in length shall forfeit ten dollars for each trout so sold or 
offered or exposed for sale. 

Sect. 2. Nothing herein contained shall be so construed as to 
in any way repeal section twenty-six of chapter ninety-one of the 
Public Statutes. [Approved May 6, 1S92. 



[Chapter 403.] 

An Act relative to the taking of lobsters. 
Be it enacted, etc., as follows : 

Any person living without this Commonwealth who shall take 
any lobsters within the harbors, rivers or waters of the Common- 
wealth, and carry them or cause them to be carried thence in 
vessels, shall be fined ten dollars for every offence and shall 
forfeit all the lobsters so taken. But this act shall not prevent 
the purchase of lobsters for transportation without the Common- 
wealth. I Approved June 16 ', 1892. 



54 FISH AND GAME. [Dec, 



[G.] 
LIST OF PONDS LEASED 

By the Commissioners on Inland Fisheries, under Authority given by 
Chap. 384, Sect. 9, of the Acts of 1869. 

1874. 

March 2. Upper Naumkeag Pond, in Ashburnharn, to inhabitants of 

Ashburnham, 20 years. 
May 20. Unchechewalom and Massapog Ponds, to the inhabitants of 

Lunenburg, 20 years. 
July 11. Hazard's Pond, in Russell, to N. D. Parks and others, 20 

years. 

1875. 

May 1. Chilmark Pond, in Chilmark, to J. Nickerson and others, 

agents, 20 years. 
July 1. Haggett's Pond, in Andover, to inhabitants of Andover, 

20 years. 
Aug. 1. Oyster Pond, in Eclgartown, to J. H. Smith and others, 

20 years. 

1876. 

May 20. Lower Naumkeag Pond, in Ashburnham, to inhabitants of 
Ashburnham, 18 years. 
28. Phillipston Pond, in Phillipston, to inhabitants of Phillips- 
ton, 20 years. 

1877. 

Oct. 1. Fort, Great Spectacle and Little Spectacle Ponds, in Lancas- 
ter, to inhabitants of Lancaster, 20 years. 

1878. 

Jan. 1. Sniptuit, Long, Snow and Mary's Ponds, in Rochester, to 

inhabitants of Rochester, 15 years. 
March 16. Asnaconcomic Pond, in Hubbardston, to Amory Jewett, Jr., 

15 years. 
May 1. Bear Hill Pond and Hall Pond, in Harvard, to inhabitants of 

Harvard, 15 years. 
Oct. 1. Ell Pond, in Melrose, to J. A. Barrett and others, 15 years. 

1879. 

July 1. Fresh Pond, in Falmouth, to Thomas H. Lawrence, 20 years. 

Oct. 1. Pomp's Pond, in Andover, to inhabitants of Andover, 15 
years. 

Nov. 1. Lake Quinapowitt, in Wakefield, to inhabitants of Wake- 
field, 14 years. 

1880. 

March 1. Lake Winthrop, in Holliston, to inhabitants of Holliston, 15 

years. 
June 1. Jordan Pond, in Shrewsbury, to inhabitants of Shrewsbury, 

15 years. 



1892.] PUBLIC DOCUMENT — No. 25. 55 

1880. 

July 1. Swan and Martin's Ponds, in North Reading, to inhabitants 
of North Reading, 15 years. 

1881. 

Jan. 1. Great and Job's Neck Ponds, in Edgartown, to Amos Smith 

and others, 15 years. 
April 1. Long Pond, in Blandford, to Samuel A. Bartholomew and 

another, 15 years. 
May 2. Nonesuch Pond, in Weston and Natick, to W. A. Bullard 

and others, 15 years. 

1882. 

March 1. Blair's Pond, in Blandford, to Curtis M. Blair and another, 

15 years. 
April 1. Ward Pond, alias Wightman Pond, in Ashburnham, to 

Herbert F. Rockwood and another, 15 years. 
May 1. Horn Pond, in Woburn, to inhabitants of Woburn, 15 years. 
June 1. Wickaboag Pond, in West Brookfleld, to inhabitants of 

West Brookfield, 15 years. 

1883. 

April 6. Fresh Pond, in Tisbury, to Allen Look and others, 15 years. 

23. Keyes Pond, in Westford, to M. H. A. Evans, 15 years. 
May 7. Singletary Pond, in Sutton and Millbury, to towns of Sutton 
and Millbury, 15 years. 
7. The Great Pond, in Ashfield, to town of Ashfield, 15 years. 
July 1. Lake Buell, in Monterey and New Marlborough, to town of 
New Marlborough, 10 years. 

1884. 

July 15. Asneybunskeit Pond, in Paxton, to inhabitants of Paxton, 

10 years. 
15. Center Pond, in Dennis, to inhabitants of Becket, 10 years. 
15. Buckmaster Pond, in Dedham, to Francis Soule and others, 

10 years. 
15. Fresh Pond, in Dennis, to inhabitants of Dennis, 10 years. 

17. Farm Pond, in Cottage City, to John C. Hamblin and others, 

15 years. 

18. Mashpee, Great and Wakeley Ponds, in Mashpee, to inhabi- 

tants of Mashpee, 10 years. 
Aug. 30. Sand Pond, in Ayer, to inhabitants of Ayer, 15 years. 
Sept. 5. Great Pond, in North Andover, to inhabitants of North 

Andover, 15 years. 



5Q 



FISH AND GAME. 



[Dec. 



[H.l 
LOBSTER RETURNS. 

1892. 







p. 


,Q 


1 5C S> 








© . 


S3 tt-'S . 






H 


O? 


X2 £ 2 > 


PROPRIETOR. 


TOWN. 




O O) 








6 s 


On 


d = ££ 






to 


fe 


to 


Wm. R. Rowe, 


Annisquam, 


10 


198 


_ 


Graciano Rio, . 










Joseph Rogers, 










Joaquin Perry, 










Antonio Francis, 










Antonio Ferreira, . }• 


Boston, . 


970 


86,092 


1,016 


Peter Sylva, . 










Joseph Severino, . 










Manuel Sylva, 










John Pinta, . . J 










C. H. Verrv, . . ") 
C. C. Foster, . . j> 










Beverly, . 


150 


10,518 


456 


W. M. Hersey, . J 










A. A. Nightingale, . ) 
F. C Leonard, . $ 


Bournedale, 


105 


5,477 


168 


A. L. Ellis, . 


Barnstable, 


20 


350 


55 


W. C. Phillips, . ^ 










B. P. Williamson, . 

H. P. Taylor, . . > 

D. B Blackman, . J 


Brant Rock, 


275 


14,593 


173 










0. H. Stetson, . 










C. C. Allen, . 










A. G. Eisener, 










H. Jackson, 










J. H. Til ton, . 










R. W. Rotch, . 


Cuttyhunk, 


387 


24,448 


2,084 


F. Peters, 










Thos. Jones, . 










J. W. Tilton, . 










D. P. Bosworth, 










Timothy Aiken, 











1892.] 



PUBLIC DOCUMENT-— No. 25, 



57 



Lobster Returns — Continued. 







o. 


.0 


i tn <s 








© 


wit: . 






H 






TROPKIETOK. 


TOWN. 


°^5 


«5 








IS 


o " 


o ttS =« 






6 £ 


d « 


• £ V> 






fc 


% 


fc 


Geo. W. Bloomer, . 1 










W. F. Hitchins, 












R. T. Bearse, . 












S. Patterson, . 












Thos. Hoi way, 












H. F. Gould, . 












E. F. Mayo, . 












E. Z. Ryder, . 
W. H. Patterson, 


> 


Chatham, 


754 


28,058 


1,756 


J. D. Bloomer, 












W. R. Bloomer, 












0. C. Elclredge, 












W. A. Bloomer, 












F. Bloomer, 












0. M. Gould, . 












E.S.Gould, . 


J 










0. Stuart, 


\ 










L. C. Atheron, 












F. Tilton, 












E. A. Pool, . 


' 










R. P. Reed, . 




Chilmark, 


149 


7,041 


574 


H. Luce, . 












W. S. Mayhew, 












C. L. Cleveland, 












H. W. Mayhew, 


, 










W. H. Phinney, 


\ 










A. B. Rogers, . 












B. F. Hodges, . 












Chas. Rogers, . 












R. F. Swift, . 
H. A. Jordan, . 


> 


Chiltonville, . 


374 


40,318 


1,252 


L. S. Thurston, 












Chas. Boutin, . 












Geo. Boutin, . 












Geo. Atwell, . 


j 










Joseph Vandura, 


} 










M. S. Thomas, 












J. S. Rebeiro, . 












M. P. Valine, . 












M. E. Salvador, 












Wm. Deane, . 


> 


Cohasset, . 


1,105 


96,990 


2,512 


M. S. Almas, . 












M. Mannix, . 












J. Jason, Jr., . 












R. Ainsley, 


' 











58 



FISH AND GAME. 



[Dec. 



Lobster Returns — Continued. 







X 


■ 


,1 BO 






a. 

a 

EH 


o 

&8 


£s5 . 


PROPRIETOR. 


TOWN. 


°d 


a* 








o 


o 3 


o bo3« 










• c »te 






O 3 


o"S 


O— ^P- 






fc 


£ 


fc 


Levi Cadoza, . . ') 










John Smith, , 










Geo. Antoine, . 
J. S. Enos, 


Cohasset, . 


1,105 


96,990 


2,512 


Frank Salvador, 










Warren White, . J 










Isaac Symrnes, . "} 










0. C. Hunt, . 










F. E. Wardsworth, . 










J. H. Mark, . 










Edmund Marsh, 










W. E. Peterson, 










J. M. Snow, . 


So. Duxbury, . 


485 


54,852 


743 


G. F. Freeman, 










C. E. Peterson, 










F. E. Phillips, 










\V. E. Freeman, 










E. J. Smith, . 










J. K. Burgess, . J 










J. L. Gifford, . . \ 
W. H. Gifford, . \ 


Dartmouth, 


53 


907 


123 


Melvin Parsons, 










Albert Parsons, 










D. N. Mehlman, 

E. F. Parsons, 


Gloucester, 


390 


51,709 


2,033 


Nelson Rowe, . 










Joseph Parsons, 










A. P. Haskins, . ^ 










F. N. Smith, . 










S. F. Smalley, 










L. E. Cottle, . 










C. H. Ryan, . 










J. H. Foster, . 










Anderson Fool, . > 


Gay Head, 


288 


19,179 


2,250 


M. C. Cooper, 










J. F. Cooper, . 










Francis Manning, . 










S. J. Anthony, 










M. H. Vincent, 










Wm. Vanderhoop, . 










Chas. Tollman, . ) 










Thos. Pezzy, . . S 


Green Harbor, . 


492 


32,279 


613 


Geo. Sampson, . ) 











1892.] 



PUBLIC DOCUMENT — No. 25. 



59 



Lobster Returns — Continued. 



PROPRIETOR. 



TOWN. 



0_2 



BSE' 



££ 



W. H. Tollman, 
Geo. Delano, . 
E. R. Lapham, 
Wilfred Keene, 
Chas. R. Peterson, 
H. P. Tollman, 
Lyman Sears, . 
Chas. Pratt, . 

H. W. Mitchel, 

A. B. Mitchel, 
P. S. James, . 
Daniel Southern, 

B. F. Pope, . 
John Reed, 
W. B. Mitchel, 
J. C. Augustus, 

E. T. Pope, . 
R. James, Jr., 

F. Smith, 

A. B. Cleverley, 
Andrew Galiano, 
M. D. McDonald, 
A. F. Pope, . 
J. H. Smith, . 



Rust & Grant, 

W. B. Atkinson & Co., 



Wm. H. Sargent, 
A. Woodbury, 
G. H. Woodbury, 
J. J. Woodbury, Ji 
Ezra Haraden, 
J. W. Riley, . 
J. W. Roberts, 
Elias Haraden, 

Edward Lafreniere, 
M. O. Stone & Co., 

Wm. Harlow, . 
J. F. Bartlett, . 
H. A. Thomas, 

F. B. Holmes, 

G. W. Holmes, 
Geo. F. Bennison, 
Henry Dodge, 



Green Harbor, 



492 



32,279 



613 



Hull, 



Ipswich, 



Lanesville, 



Lynn, 



Manomet, 



1,116 



45 



247 



65 



686 



79,890 



2,281 



18,563 



6,511 



59,397 



1,587 



165 



765 



154 



1,941 



60 



FISH AND GAME. 

Lobster Returns — Continued. 



[Dec. 







CO 


£ 


u ™ 2 








o • 


cj Jc • 






2 


o> 2 


*2s* 


PROPRIETOR. 


TOWN. 




t c 2 

© .2 


of Egg 
g Lo 
turned 
ater al 






6 3 


o" 


6ZZ& 






fc 


fc 


K 


Walton Chase, . ^ 










A. C. Sampson, 










Stephen Holmes, . 










S. B. Briggs, . 










Rufus Ellis, . . | 










A. L. Holmes, . )■ 


Manomet, 


686 


59,397 


1,941 


C. H. Dixon, . 










F. R. Peterson, 










W. H. Peterson, 










Samuel Bartlett, 










Thos. Jordan, . J 










James McNeary, . ") 










Edward Heath, 










L. O. Sargeant, 










John Heath, . 


Manchester, . 


137 


6,758 


238 


Chas. Sargent, 










Chandler Lewis, 










W. E. Heath, . . ■ J 










E. A. Keene, . 










F. B. Perkins, . 










F. A. Frost, 










J. T. Adams, . 










C. H. Smethmest, . 










Wm. J. Dodd, 










R. T. Millet, . 










S. L. Smith, . 










J. G. Stacy, . . 1 
Sans Standi ey, 


Marblehead, . 


708 


73,758 


1,307 


J. H. Atkins, . 










John Smithers, 










B. F. Stevens, . 










Wm. H. Tult, . 










W. B. Dennis, 










J. W. Florence, 










J. S. Stone, 










J. W. Coffin, . 










F. H. Story, . . ) 










C. H. Foss, . 










C. G. Story, . 










W. S. Douglass, . [ 
J. B. Knowlton, . | 


Magnolia, 


375 


29,159 


1,504 


E. L. Story, 










J G. Burn ham, 










David Worth, 











1892.] PUBLIC DOCUMENT — No. 25 

Lobster Returns — Continued. 



61 



PROPRIETOR. 


TOWN. 


at 

01 

6 - 


o « 

© IB 


No. of Egg-bear- 
ing Lobsters 
returned to the 
Water alive. 


W. S. Richmond, . ^ 
F. A. Bowman, 
Lilburne Hiller, . } 
W. K. Perry, . 
J.J.Nye, . . J 


Mattapoisett, . 


125 


2,480 


544 


John Johnson, . ") 

Chas. Wilson, . 

Chas. Bates, . . } 

G. L. Hatch, . 

B. A. Atwood, . J 


Nantasket, 


265 


25,248 


409 


J. F. Ramsdell, . ^ 
John Watkins, 
J. E. Nickerson, . [ 
A. B.Brooks & Bros., J 


Nantucket, 


83 


4,495 


245 


C. W. Taylor, . . ^ 
G. W. Taylor, . ' 
Samuel Covell, 
C. E. Gooe, . . J 


Nahant, . 


190 


12,918 


637 


F. A. Haden, . 


Orleans, . 


25 


933 


48 


James Deacon, 
G. A. Manter, . 
H. L. Sampson, 
J. M. Watson, - . 
A. M. Watson, Jr., . 
Ezra Pierce, . 
Isaiah Walker, 
D. W. Nightingale, 










J. P. Turston, 

Cornelius Briggs, . ' 

W. J. Nightingale, 

J. H. Bagnell, 

B. B. Manter, . 

S. P. Burgess, 

A. R. Gorham, 

S. J. Valler, . 

J. H. Valler, . 

A. M. Watson, . J 


Plymouth, 


719 


74,710 


1,804 


David Newcomb, , ^ 

J. C. Lenten, . 

J. W. Savage, . \ 

F. M. Bow ley, 

W. G. Loring, . . J 


Provincetown, . 


221 


3,660 


449 



62 



FISH AND GAME. 

Lobster Returns— Continued. 



[Dec. 



PROPRIETOR. 


TOWN. 


m 

a 

a 

(4 

<H 

. <*> 

O 3 


o 
►J a 

cs 2 

C <Z> 


No. of Egg-bear- 
ing Lobsters 
returned to the 
Water alive. 


Jabez Kendall, . ") 










Amos Lufkin, 










C. N. Morgan, 

Wm. Fears, . . [ 


Pigeon Cove, . 


280 


28,806 


1,073 


Edward Lewis & Son, 










Fred. Johnson, . J 










J. B. Parsons, . . ") 










S. F. Norwood, 










S. G. Perkins, . . } 


Rockport, 


360 


24,651 


979 


G. J. Wendell, 










Harvey Pool, . . J 










J. F. Cushman, . ") 










Jesse Spooner, 










Wm. E. Supple, 
E. P. Pratt, . 










A. E. White, . 










James Hughes, 










F. Mulkerne, . . J> 


Scituate, . 


692 


49,022 


2,914 


C. H. Pratt, . 










John Welch, . 










James Doherty, 
G. F. Edson, . 










Daniel Ward, . 










R. 0. Hearn, . 










A. E. Reed, . . > 
A. A. Flanders, . $ 


Squibnocket, . 


40 


3,869 


175 


Oscar Gibbs, . 


Sagamore, 


24 


1,066 


236 


W. B. Newconib, . ^ 










Edward Marsh & Co., 










Geo. Martin, . 










Wallace Kehoe & Bro., 










Josiah Nickerson, . 










L. D. Woodbury, 










J. Blarney & Co., . , 
S. Hammond & Co., f 


Swampscott, . 


625 


58,844 


685 


H. O. Douglass, . 










J. F. Blaney, . 
Nathaniel Pierce, . 










T. E. Stone, . 










G. A. R. Horton, . 










A. G. Watts & Co., . 










W. P. Fove, . . ) 
T. F. Hogan, . . $ 


Salem, 


285 


17,277 


374 



1892.] 



PUBLIC DOCUMENT — No. 25. 



63 



Lobster Returns — Concluded. 









03 

P. 
03 

c- 1 


o 
»4 A 




PROPRIETOR. 




TOWN. 


6 p 


CO 

6 » 


Ed =•- 


John Clark, . 
H. G. Tucker, . 


1 


Salem, 


285 


17,277 


374 


C. H. Berry, . 


J 










C. H. Collins, . 


. 


No. Truro, 


40 


366 


14 


Seth Look, 


) 








• 


G. Rogers, 










L. A. Rogers, . 
G.H.Luce, . 


\ 

i 


No. Tisbury, . 


151 


3,795 


781 


G. A. Rogers, . 


1 










J. A. Mayhew, 


J 










Walter Nickerson, 


1 










B. E. Stuart, . 
0. C. Grinnell, 


i 
> 


Wood's Holl, . 


113 


4,474 


994 


J. F. Cook, . 


J 










G. W. Wyman, 


1 










John Wardsworth, 


1 










Treworgy Bros., 


} 


Winthrop, 


360 


37,483 


1,059 


W. E. Wyman, 


J 










J. B. Wyman, 










G. A. Gifford, . 
T. J. Brightman, 


: i 


Westport, 


80 


4,341 


341 


Total men, 312 


14,064 


1,107,764 


37,230 



Comparison of Returns of Lobster Fisheries. 



YEAR. 


No. of 

Men. 


No. of 
Traps. 


No. of Large 
Lobsters. 


No. of Egg-bear- 
ing Lobsters 
returned to the 
Water alive. 


Increase of 1892 over 1891, . 
Decrease of 1892 below 1891, . 


15 


1,384 


185,027 


12,743 



64 



FISH AND GAME. 



[Dec. 



GILL AND SWEEP NETS. 











a 


a 


to 




6 








no 


"S 


o 


pq 




Sn 


PROPRIETOR. 


TOWN. 




> 


3 




-a 




C3 
0) 






-d 


% 


W 


Xi 


ft 


Pi 


o 






OS 


a> 


cj 






3 


3 






A 




w 


s 




O 


a* 


. 




02 


< 


02 


m 


02 


02 


Alexander Sargent, . 


Bay View, 




1,000 


196,550 


_ 


_ 


. 


_ 


Charles Bearse, 
J.D. Kelley, . 




1 


Barnstable, 


- 


- 


- 


- 


- 


- 


2 


J. Howard Winslow 






Brewster, . 


_ 


76,076 


- 


- 


- 


- 


- 


D. B. Shove, . 




) 


















T. N. Babbitt, . 






Berkley, . 


300 


187,714 


- 


- 


- 


- 


- 


C. W. Simmons, 




) 


















Wm. C. Kelley, 






Centerville, 


_ 


_ 


_ 


_ 


_ 


- 


- 


John S. Rebeiro, 
Robert Ainsley, 




1 


Cohasset, . 


- 


- 


- 


- 


- 


- 


- 


H. M. Smith Estate, 






Chilmark, . 


_ 


22,698 


- 


_ 


- 


- 


- 


John S. Ryder, 




i 


















E. J. Ryder, 






















O. C. Eldredge, 






















E. S. Gould, 






















B. F. Patterson, 






















C. S. Nickerson, 






















Wm. A. bloomer, 
W. F. Hitchins, 




; > 


Chatham, . 


165 


362 


169 


1,823 


399 


216 


102 


J. F. Eldredge, . 






















J. D. Hammond, 






















H.F.Gould, . 






















A.Z.Atkins, . 






















G. W. Bloomer, 






















E. F. Mayo, 




. 


















A. J. Edwards, 






Dennisport, 


- 


- 


- 


- 


- 


- 


- 


C. W. Simmons, 




') 


















C. E. "Whitmarsh, 






Dighton, . 


825 


209,642 


- 


- 


- 


- 


- 


J. A. Hardy, . 




) 


















Cornelius Anderson, 
A. K. Higgins, . 




i 


Eastham, . 


- 


- 


188,000 


- 


- 


- 


- 


John Davis, 
Joseph Parsons, 




s 


Gloucester, 


- 


16,375 


85,768 


- 


- 


- 


- 


W. T. Tuttle, . 






Harwichport, . 


_ 


- 


- 


- 


- 


- 


- 


Thomas Weston, 






Hingham, . 


_ 


451 


- 


■ - 


- 


- 


- 


Albert Morgan, 




) 


















J. J. Woodbury, Jr. 




. 


Lanesville, 


_ 


- 


73,560 


- 


- 


- 


- 


J. W. Roberts, . 




. ) 


















Henry Cotton, . 






Medford, . 


_ 


178,876 


- 


- 


- 


- 


- 


Randall Hathaway, 






Middleborough, 


- 


109,374 


- 


- 


- 


- 


- 


Joseph Robinson, 






Mattapoisett, . 


- 


252,670 


- 


- 


- 


- 


- 


B. F. Stevens, . 






















J. T. Adams, . 
R. C. Glass, 




j 


Marblehead, 


- 


- 


72,900 


- 


- 


- 


- 


S. B. Perkins, . 




















Stephen Holmes, 




) 


















G. W. Holmes, 






Manomet, . 


- 


- 


87 


- 


- 


- 


- 


G. A. Manter, . 




) 


















C. A. Caswell, . 
Nester Thurlow, 




\ 


Newburyport, . 


- 


268,100 


534,000 


- 


441 


- 


- 


John Watkins, . 




i 


















M. J. Francis, . 






















G. H. Hamlin, . 






















H. C. Orpin, . 






















J. O. Freeman, 




► 


Nantucket, 


4 


- 


38 


- 


23 


1,722 


153 


Geo. E. Coffin & Co. 






















W. I. Fisher, . 






















H. B. Cash, 






















W. F. Ramsdell, 




J 



















1892.] 



PUBLIC DOCUMENT — No. 25, 



65 



GILL AND SWEEP NETS. 

1892. 



ED 

on 

03 

ffl 

c3 
O 
QQ 


oc 

ca 

1 

B 

C3 


^5 

so 

O 


O 

D 


d 

"3 
o 
N 


"3 

M 

o 2 




02 O 

0Q 


GO 

o 

5 . 


o 

EH 


00 
rSJS 

IS 


00 

"3 


"2 
5 


,Q 00 

- - 


_ 


_ 


_ 


_ 


_ 


_ 


2,210 


_ 


5,380 


_ 


_ 


_ 


_ 


_ 


" 


2 


" 


- 


- 


- 


- 


" 


1,031 


- 


- 


- 


- 


- 


" 


32 


" 


- 


- 


- 


1,031 


- 


66 


18 


442 


- 


- 


- 


14 


302 


~ 


867 


12 


- 


12,058 


1 


4,818 


- 


- 


- 


- 


329 












2,341 


780 




108 












- 


- 


~ 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


6,000 


- 


- 


- 


- 


- 


- 


121,148 


- 


800 


- 


19,300 


- 


- 


- 


- 


- 


- 


101 


- 


- 


6,226 


- 


- 


- 


- 


- 


- 


- 


- 


- 


" 


- 


- 


- 


1,372 


- 


136 


- 


- 


1,620 


- 


- 


- 


- 


- 


- 


- 


- 


502 


~ 


186 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


~ 


- 


- 


- 


200 


- 


- 


- 


12 


24 


4,122 


- 


- 


3,755 


" 


- 


- 


- 


- 


800 


- 


- 


74 


- 


- 


- 


- 


67 


- 


- 


- 


- 


- 


- 


752 


' 


- 


- 


- 


- 


- 


- 


" 


- 


- 


- 


13,178 


- 


- 


- 


95 


- 


- 


69 


- 


198 


- 


15,108 


1 


2,187 


5,018 


49 


- 



66 



FISH AND GAME. 

Gill arid Sweep Nets — Concluded. 



[Dec. 











M 




m 

to 




<v 










a 


a 


cj 




S3 








to 


"C 


a> 


pq 




&D 


PROPRIETOR. 


TOWN. 




> 


3 


t3 


73 




0> 






TJ 


% 


W 


si 


& 


A 


"5 






cs 


<u 


a 






a 








JS 




<v 








a 1 






OQ 


< 


m 


^ 


w 


m 


m 


E.W.Smith, . . . 1 


















Elisha Nickerson, 






















B. R. Kelley, . 






















W. M. Ewe'll, 
























J. H. Emery, 
























M. S. Brown, 
























J. E. Weeks, 
























A. L. Daggett, 
Geo. Lewis, 






\ 


Provincetown, . 


- 


- 


41,953 


- 


- 


- 


- 


Ruben Ryder, 
























J.J.Cook, 
























Joseph Sears, 
























H. L. Mayo, 
























Isaac Tyler, 
























J. M. Caton, 
























J. H. Little, 






J 


















Wm. Harlow, 
Cornelius Brigg 


8 > 




1 


Plymouth, 


- 


- 


- 


- 


- 


- 


- 


Joseph Brown, 




1 


















J. J. Pool, 




1 


















J. W. Bushey, . 






















M. Matherson, . 




> 


Pigeon Cove, . 


32 


5,259 


65,821 


- 


- 


- 


- 


E. C. Parsons, . 




1 


















Calvin G. Parsons, 




I 


















Martin Currier, 




J 


















G-uetavue King, 

G. B. &E. Williams 




! 


Raynham, 


802 


102,965 


- 


- 


- 


- 


- 


Gilbert Rich, . 
G. W. Gott, . 




( 


Rockport, . 


- 


1,750 


165,000 


- 


- 


- 


- 


A. F. Neebett, . 




) 


















G. A. R.Horton, 






Swampscott, . 


- 


- 


64,840 


- 


- 


- 


- 


Nathaniel Blancharc 




) 


















E. W. Wilber, . 




) 


















F. W. Luther, . 






Somerset, . 


22 


73,519 


_ 


- 


- 


- 


- 


John Simmons, 




) 


















T. L. Prouty, . 




) 


















James Edson, . 




. 


Scituate, . 


- 


120 


10,281 


- 


- 


- 


- 


G. F. Edson, . 




. i 


















H. P. Macomber, 






Taunton, . 


107 


67,863 


- 


- 


- 


- 


- 


R. S. Lombard, 




i 


















G.F.Lewis, . 
C. M. Grozier, . 




\ 


Truro, 


- 


- 


100 


- 


- 


- 


3 


B. F. Lombard, 




j 


















C. F. Hill,. 




i 


















J. M. Soule, 
L.W.White, . 




i 
; > 


Westport, . 


13 


32,269 


- 


4 


- 


- 


- 


Frank D. Grinnell, 




. j 


















W. S. Doane, . 
Geo. Baker, 




: ( 


Wellfleet, . 


- 


363,740 


2,000 


- 


- 


- 


- 


H. T. Crowell, . 
P. P. Akin, 




: 1 


Yarmouth, 


- 


177,940 


- 


- 


- 


- 


- 


Totals, 110, 








2,270 


2,148,763 


1,501,567 


700,627 


863 


1,938 


260 



1892.] 



PUBLIC DOCUMENT — No. 25. 



67 



Gill and Sweep Nets — Concluded. 



to 
co 
c3 

pa 

© 




^3 

« 

m 

o 
u 
ft 


73 

o 
O 


6 

a 
o 

n 


2 
H 


"3 

5 

M 
o 

a 


u 

0> 
32 O 

"3 a 

is 

p. 

GO 


CD 

«a 

a) 

S 


o 

B 

a 


m 

■S3 

£ a 


00 


3 i 
'3 

CO 


2* 


- 


135 


- 


15,007 


44 


27 


487,760 


- 


18,964 


- 


53,145 


- 


- 


- 


- 


- 


- 


- 


- 


- 


460 


- 


- 


- 


- 


- 


- 


32 


" 


89 


- 


4,350 


- 


- 


28,519 


- 


- 


- 


- 


- 


5 


1,550 


_ 


_ 


_ 


_ 


- 


- 


10,571 


_ 


- 


- 


- 


- 


- 


- 


" 


- 


- 


2,475 


- 


- 


1,193 


- 


- 


- 


351 


62 


- 


2,575 


" 


- 


- 


- 


- 


- 


- 


- 


* 


- 


1,155 


2,727 


- 


2,398 


- 


76 


- 


- 


- 


- 


1,607 


- 


- 


- 


- 


- 


- 


- 


~ 


50 


- 


- 


- 


- 


6,717 


- 


1,497 


- 


- 


- 


- 


- 


- 


60 


4,831 


- 


- 


- 


- 


- 


- 


- 


289 


2,862 


- 


15,724 


- 


- 


- 


- 


- 


- 


1,895 


- 


6 


40 


- 


- 


- 


- 


" 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


4,458 


- 


- 


14 


927 


4,855 


26,922 


125 


2,368 


688,119 


1 


48,100 


59 


76,769 


30,12 5 


854 


32,107 



68 



FISH AND GAME. 



[Dec. 



POUNDS AND WEIRS. 



PROPRIETOR. 



TOWN. 



Elisha H. Bearse, 

F. D. Atwood, . 
Neil Nelson, 
Thadeus Ellis & Son, 
James Eldredye, 

8. W. Gould & Co., 
S. F. Bearse, 

G. W. Crowell, . 
R.Flanders & Co., 
H. C. Pool & Co , 
C. C. Church, . 
W. A. Gifford, . 
J. F. Briggs, 
Wait & Smith, . 

C. F. & J. Mancheste 
G. H. Snell, 
Nicholas Prilaux, 
Geo. Prilaux, 

W. S. Mathews, 
D.E. Howland, . 
Benj. Queriple, . 

A. R. Reed, 
Anthony T. Chase, 
Wm. M. iStone, . 
Zenas H. Baker, 
Thatcher Kelley, 
Peter Higgins, . 
Wm. H. Nickerson, 
N. M. Kuowles, . 
R. H. Horton, . 
Clarence Tibbets, 

B. S. Brazier, 
Daniel Douglass, 

A. B. Veder & Co., 
John Manley, 
Peter B. Davis, . 
H. J. Allen, 

J. P. Holmes, . 
Wm. 8. Pease, . 

B. Luce & Co., . 

D. F. Weeks, 

B. F. W. Nickerson, 
Frank A. Garr, . 
Alfonzo Tarr, 
J. E. Rogers, 
Geo. W. Douglass, 
Edward W. Heath, 
Geo. & Chas. Jones, 
T. L. Mayo, 
A. L. Walker, 
Solomon Bangs 
J. A. Lewis, 
I. W. Lewis, 
H. J. Lewis, 
R. E. Cornwell, 
T. K. Paine, 
I. B. Lewis, 
W. & S. Ellis, 
John B. Parsons 
Jerry Shehan, 



Barnstable, 
Brewster, . 

Chatham, . 

Chilmark, . 
Cutty hunk, 

Dartmouth, 



So. Dartmouth, 



Dennis, 



Eastham, 



Gloucester, 



Gosnold, 



Gay Head, 

Harwich, . 
So. Harwich, 

Magnolia, . 
Marblehead, 

Manchester, 

Nahant, 
Orleans, 



Provincetown, 



Rockport, . 



16 



103 


- 


- 


730 


524 


- 


19,800 


50 


1,724 


9,760 


24,340 


16,170 


337 


7,070 


1,850 


- 


28 


4,175 


- 


1,141 


499 


186,353 


476 


11,449 


361 


210,084 


84 


9,082 


4,037 


69,432 


121,762 


50,415 


24 


16,860 


10,992 


. - 


- 


36,050 


31,800 


- 


22 


23,815 


- 


195 


13 


1,305 


603 


224 


1,593 
500 


10,065 
1,640 


10,400 
3,825 


5,300 
1,200 


78 


7,825 


695,255 


318 


- 


8,285 


- 


- 


20 


59,374 


428,048 


240 


- 


- 


499,800 
44,000 


- 


2,749 


155,839 


5,885,045 


1,720 


- 


35,340 


116,200 


- 



249 



23 



14,904 



336,136 
174,595 



30,137 



378,408 



18,235 



571,440 



130,506 

32,160 
14,306 



5,653 

182 

24,093 



18,720 



1,556 



170 
31 



118 



1892.] 



PUBLIC DOCUMENT — No. 25 



69 



POUNDS AND WEIRS. 

1892. 



SO 

□ 

3 


m 
m 

C3 

cq 

CD 


IB 

1 


m 

p 


T3 
O 

O 


d 

a 
o 
« 


"3 
3 

m 

w 


"3 

M 
O 


8 

si 


to 

j3 
S 


o 

p 

a 
H 


00 

3 « 


OS 


'B 
m 

25,700 


~4 

•a? 


- 


" 


40,311 


- 


26 


397 


- 


99,692 


- 


1,871 


354 


1,306 


- 


116 


- 


" 


- 


" 


- 


6 


- 


478,996 


- 


4,230 


508 


1,356 


- 


17,600 


40 


8 


476 


55,432 


- 


1 


- 


- 


36,520 


- 


11 


394 


6,592 


2 


749,026 


3 


19 


8,356 


5,850 


- 


37 


543 


i 


7,282 


- 


331 


492 


6,390 


1 


_ 


_ 


- 


11,052 


19,859 


" 


16 


- 


- 


51 


- 


2 


153 


2,013 


- 


33,000 


- 


45 


64 


28,629 


62 


47 


3 


- 


57 


22 


1,175 


2,238 


34,103 


4,737 


2,755 


5,000 


49 


176 


63,970 


2,699 


10 


6 


- 


1,276 


20 


250 


13,678 


109,668 


2,481 


85,522 


3,112 


60 


115 


14,833 


4 


1 


133 


- 


148,749 


- 


459 


937 


5,414 


135 


133,129 


1,149 


- 


- 


540 


- 


1 


63 


- 


458,232 


- 


3,179 


1,875 


32,210 


- 


120,000 


37,200 


- 


- 


399 


45 


6 


3 


- 


87,793 


- 


- 


1 


76 


1 


700 


- 


17 


26,010 


186,458 


1,257 


46 


- 


- 


172 


- 


- 


1,682 


10,078 


- 


13,395 


71,458 


22 


27,283 


5,242 


14,953 


8 


526 


_ 


7,080 


_ 


93 


284 


15,997 


_ 


18,920 




- 


477 
618 


25,120 
6,945 


- 


- 


- 


- 


2,745 
2,634 


_ 


189 

4^ 


265 
188 


1,886 


- 


72,300 
274,100 


33,667 


- 


- 


4,375 


- 


792 


- 


10 


141,089 


- 


- 


17 


- 


- 


- 


474,630 


- 


- 


625 


- 


42 


- 


- 


53,714 


- 


- 


- 


- 


- 


2,700 


- 


- 


- 


1,425 


- 


1,615 


- 


- 


46,777 


- 


7 


44 


- 


- 


9,000 


54 S 


- 


- 


1,100 


- 


- 


2 


: 


26,900 
21,637 


- 


10 

42 


- 


- 


: 


400 


~ 


- 


7 


14,374 


97 


207 


234 


123 


621,173 


- 


1,449 


30 


51,714 


219 


62,605 


3,281 


- 


- 


962 


- 


1,446 


- 


- 


33,572 


- 


- 


3 


- 


- 


- 


29,452 



70 



FISH AND GAME. 



[Dec. 



Pounds and Weirs — Concluded. 











to 


60 

.5 


0) 


ID 

m 
a 
PQ 




B 


PROPRIETOR. 


TOWN. 


a 
o 
a 


T3 


> 


3 




73 


d 


0> 
a> 








03 


<B 


c3 














cS 


J5 




o 


S 




o 


o< 






m 


m 


< 


xn 


w 


OQ 


OQ 


Joshua Smith, . . ) 
Rohert S. Perry, . \ 


Sandwich, 


- 


53 


34 


237 


536 


7 


7 


700 


Warren Cove Weir Co., . 


Sagamore, 


- 


139 


_ 


- 


_ 


_ 


_ 


_ 


Thomas Neville, 


Salem, 


- 


110 


- 


190,900 


1,073 


_ 


_ 


_ 


S. B. Rich, 1 




















8. B. Atwood, . . | 




















David Blachford, . } 


Truro, 


3 


1,411 


128,657 


4,021,675 


1,057 


- 


.8 


1 


R. A. Rich, 




















P. L. Paine, . . J 




















Atkins & Hughes, . / 
L. H. Knowles, . . \ 


No. Truro, 


- 


40 


- 


3,608,970 


- 


- 


- 


- 


O.S.Daggett, . . * 
H. N. Luce, . . i 


WestTisbury, . 


- 


152 


18,588 


23,328 


3,853 


382 


52,920 


2,580 


Jason Luce & Co., 


No. Tisbury, . 


_ 


6 


_ 


_ 


_ 


- 


247,000 


4,059 


W. N. Vincent, . 


Vineyard Haven, 


- 


35 


7,500 


- 


1,750 


- 


49,500 


64 


P. M. Stuart, . . ^ 




















C. B. Coombs, . 

J. J. Veeder, . . f 


Wood's Holl, . 


- 


100 


29,365 


105 


18,714 


96 


371,188 


4,711 


Isaiah Spindell & Co., J 




















P. S. Tripp, 


Westport, . 


- 


- 


239 


- 


- 


- 


- 


- 


J. J. Austin, . . 1 
T. B. Wilcox, . . j 


So. Westport, . 


- 


- 


3,505 


- 


- 


3 


- 


- 


Roland Kelley, . 


Yarmouth, 


- 


- 


- 


- 


- 


109 


- 


- 


Totals, 83, . 


21 


14,658 


1,031,160 


15,739,505 


124,917 


1,410 


2,421,985 


70,085 



1892.] 



PUBLIC DOCUMENT — No. 25. 



71 



Pounds and Weirs — Concluded. 



m 

to 

M 

a 

s 


go 

50 

c3 

n 

W. 


,d 

CD 

03 


Xi 

S 

m 
o 


T3 
O 

O 


d 

'3 
o 

pa 


2 

P 

w 


"3 
S 
M 


"3 

art 


GO 

s 


bi) 

o 

c3 


Xi 




32 


6° 


. 


1 


4,675 


_ 


86 


132 


150 


87,186 


4 


384 


123 


614 


1 


79,330 


273 


- 


- 


14,616 


ii 


- 


~ 


6 


14,706 
47,904 


~ 


38 


1,570 


77 
1,723 


184 


7,000 
84,930 


39,000 
45,193 


- 


" 


66,499 


- 


2,792 


506 


578 


1,286,531 


- 


755 


2,192 


16,792 


2 


88,357 


1,721 


- 


- 


1,450 


- 


250 


- 


37 


979,846 




" 


1,143 


21,906 


- 


183,020 


- 


549 


6,455 


9,676 


1,076 


177 


333 


- 


356 




1,184 


2,545 


6,184 


1 


41,550 


15,600 


6 


S,373 
836 


970 


- 


256 
5 


17 

76 


- 


2,339 

93 


- 


10 
10 


39 


1,428 
1,405 


- 


8,110 


- 


255 


4,533 


81,093 


8 


7 


38 


- 


1,194 


1 


568 


14,888 


14,132 


- 


209,397 


7,457 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


127 


- 


297 


- 


4,092 


- 


- 


- 


1,236 


- 


- 


- 


- 


- 


- 


- 


3,408 


8 


- 


2,140 


- 


- 


- 


- 


- 


- 


- 


9,937 


- 


- 


Ill 


- 


- 


- 


22 


1,030 


89,882 


655,428 


21,448 


6,874 


3,018 


845 


4,706,233 


47 


16,296 


45,881 


346,772 


8,069 


2,344,846 


775,154 



72 



FISH AND GAME. 



[Dec. 







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8:92.] 



PUBLIC DOCUMENT — No. 25. 



73 



59,000 

700 
8,398 

134,152 

590,659 

818,639 

2,875,420 

2,015,993 

1,112,320 

594,118 

1,620,997 


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56,130 
13,178 

5,727 

25,275 

11,520 

6,068 

7,049 

7,116 

36,406 

8,708 

58,872 

50,071 

40,634 

221,583 

102,789 

83,977 

38,194 


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245,762 

133,946 

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240,874 

75,695 

242,034 

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1,657,315 
2,826,346 
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1,161,107 
1,507,617 
3,209,564 
5,394,352 


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93,773 
78,080 
19,402 
3,268 
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40,642 
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1,648,984 
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1,335,821 
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4,985,649 

309,907 

15,801 

49,221 

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1,556,036 

4,326,352 

6,931,804 

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126,744 


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418,805 

3,347,892 

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7,669,493 

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11,108,745 

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26«,100 

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962,690 
863,278 
902,619 

1,033,417 
870,081 

1,140,008 
641,703 

1,558,659 

1,762,950 
610.847 

1,296,449 
797,365 
454,409 

1,026,042 
513,001 
738,310 

1,251,994 
794,936 

4,446,280 
4,178,682 
2,353,781 
3,747,750 
3,183,741 
3,108,642 
3,767,929 
3,617,929 
3,038,920 
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74 



FISH AND GAME. 



[Dec. '92. 



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PUBLIC DOCUMENT .... .... No. 25. 



REPORT OF THE COMMISSIONERS 



INLAND FISHERIES AND GAME 



Year Ending December 31, 1893. 



BOSTON : 

WRIGHT & POTTER PRINTING CO., STATE PRINTERS, 

18 Post Office Square. 

1894. 



\ 



CONTENTS 



Report, 


PAGE. 

■. 5 


Appendix A. 


List of Commissioners, ...... 31 


B. 


Reports of Deputies, ...... 36 


C. 


Distribution of Fish, ...... 41 


D. 


List of Leased Ponds, 43 


E. 


Gilbert v. Commonwealth, ..... 45 


F. 


Legislation, 47 


G. 


Returns of Lobsters, Gill and Sweep Nets, Pounds 




and Weirs, ... .... 56 



Commontomlt^ ai Utassacjjusetts. 



To His Excellency the Governor and Honorable Council. 

The Commissioners on Inland Fisheries and Game beg 
leave to present their twenty-eighth annual report. 

Fishways. 

The Commissioners were called upon to examine the fish- 
ways at East Taunton and Middleborough. 

At East Taunton the fishway was found to be in a de- 
cayed condition, and will have to be rebuilt in a few years. 
As the owners of the dam desired to raise the water some 
two feet above its former level, plans were furnished for ex- 
tending this fishway. 

At Middleborough the freshet of last spring had carried 
away the posts supporting the fishway, and it was found 
broken in the middle and a part of it had fallen to the 
ground. The mudsill for sustaining the screen to prevent 
the fish from going up under the dam was also washed away. 
Directions were given for repairing the fishway, and putting 
in a new mudsill. 

Mr. James A. Burgess, for many years fish-warden of the 
river, was instructed to look after the work, and on November 
4, he reported : '« The fishway at East Taunton has been put 
in thorough repair. The fishway at Sherman's mill (Middle- 
borough) has been raised and stone piers put under it, and 
everything that is needed is being done for the passage of 
the fish next spring." 

As the fisheries of Taunton Great River are largely depend- 
ent upon the efficiency of these fishways, the Commission- 
ers have given them much attention, but this Board cannot 
be held responsible for the injudicious action of the town in 



6 FISH AND GAME. [Dec. 

selling the fishing right to an irresponsible party who did 
not regard the regulations for the capture of fish, so that 
many thousands were unlawfully taken. 

Lawrence Fishway. 

We append the following statement from Thomas S. 
Holmes, who has the care of the fishway at Lawrence. His 
full report will be found in the Appendix. 

To the Commissioners on Inland Fisheries and Game. 

Gentlemen : — I herewith send you my report of fish seen in the 
Lawrence fishway. You will observe that a large number of salmon 
were seen passing up, this year. They were running all the season, 
there being almost as many in the fishway in October as in June. 
The run of fish generally follows the rise of the water in the river. 
Low water, no fish. A rise in the river, and salmon appear. 

Mr. Patrick McCarthy succeeded again this year in taking a 
salmon with an artificial fly. Another fisherman claims that a 
salmon rose to his fly twice, but he did not succeed in getting the 
fish. This would indicate that fishermen will be rewarded with 
considerable sport, if they have patience to follow it up, in fishing 
for salmon below Lawrence. 

The run of ale wives was very small again this year. A few 
years ago they were increasing in the river. 

Mr. Knowles estimates that two hundred dollars will cover all 
the work that would be needed on the fishway another year. This 
includes the change at the upper end, so that the water will not 
come in with so much force; caulking; removing the little dam 
that makes a pool at the lower end, and repairing the electric alarm. 

There has been no work done on the fishway this year. 
Yours truly, 

Thomas S. Holmes, Warden. 

We regret to learn that the salmon, which have been 
steadily increasing, have been stopped on their way to the 
headwaters by dams above and below Concord, and it is re- 
ported that many were taken at or near these dams. 

We are assured by the New Hampshire Commissioners 
that fishways will be built there early next spring. 

Hatchery at Sutton. 

The work at this place has been pushed forward as far as 
the means at our disposal would permit. 



1893 ] PUBLIC DOCUMENT — No. 25. 7 

A large pond covering nearly half an acre, and capable 
of sustaining eight or ten thousand breeding fish, has been 
made by throwing a dam, seven feet high, across the stream. 

The bottom of this pond is covered with mud. As the 
trout instinctively avoid such a place for spawning, a gravelled 
runway has been made at the inlet, where the fish are easily 
secured in the spawning season and stripped of their eggs. 

Four large tanks have been built below the dam, supplied 
with water from the pond, which are used for retaining the 
large trout, and for arranging and classifying the fish during 
the breeding season. There are also two smaller ponds for 
yearlings. 

A good substantial hatching-house has been built, equipped 
with twelve troughs, each thirteen feet long and eighteen 
inches wide, and 132 Brackett trays, which give a capacity 
for nearly 800,000 eggs. There is room in the house for 
six more troughs, which would make its capacity about one 
million. The hatching troughs or runs are supplied with 
pure water flowing from driven wells above the pond, and 
conducted in pipes to the hatchery. By this arrangement all 
danger from impurities or contamination from surface water 
is avoided, and an even temperature of the water secured. 

Below the dam is an ice-house which can be filled with 
ice from the pond at a trifling expense. This is necessary 
in the transportation of the fry in the spring, and for the 
preservation of food for the fish in summer. 

We have just completed a dwelling-house, with modern 
appliances, for the use of the Superintendent, and the 
grounds around it are partially graded. 

The State owns the land upon which the works are built, 
and the control of all the stream desirable. 

Five or six ponds are needed for rearing trout for keeping 
up and increasing the number of breeding fish. 

During the past eighteen months we have been able to 
secure 1,500 breeding fish, varying from two ounces to two 
pounds in weight. From these we secured, this fall, over 
200,000 eggs. 

The number of breeders should be increased as fast as 
possible to not less than fifteen thousand. By reserving 
enough of the small fry, this can be accomplished in two 
years with very little expense. 



8 



FISH AND GAME. 



[Dec. 



To complete this plant in a manner worthy of being a 
State hatchery will require an additional appropriation. 

The economic value of artificial hatching, as a means of 
supplying food, is recognized all over the world. A few 
statistics will indicate the progress which has been made in 
several localities. 

New York has six hatcheries, the estimated values and 
annual expenses of which are given as follows : — 



Adirondack hatchery, estimated value 


$9,500 00 


annual expenses, $4,518 74 


Caledonia hatchery, " " 


23,500 00 


" " 9,736 06 


Cold Spring Harbor hatchery, •• ■« 


11,100 00 


6,972 20 


Fulton Chain hatchery, " " 


2,160 00 


" 2,748 98 


Sacandaga hatchery, " " 


6,000 00 


3,357 86 


Chautauqua Lake hatchery, " " 


1,250 00 


.. 




$53,510 00 


$27,333 84 



In summing up the results of their work the Commis- 
sioners say: "No investment the State can possibly make 
can be of greater importance or result in more benefit than 
the money spent for the artificial propagation of fish. What- 
ever cheapens the food of the people in this day, when wages 
tend to the minimum and are so near the cost of living, is 
to be desired, and the small amount expended each year for 
the artificial propagation of food fishes, is returned to the 
people of the State a hundred fold." 

The Canadian government, with its natural wealth of fish- 
eries, finds it necessary in order to sustain them to resort to 
artificial hatching, maintaining for this purpose twelve hatch- 
eries, nine of which, with cost of maintenance, we copy from 
their report of 1887-8 : — 



Newcastle hatchery, annual expense, 






$5,367 00 


Sandwich, " " '* 






3,513 00 


Restigouche, " " " 






3,768 00 


Sydney, 






2,796 00 


Tadousac, " " " 






1,971 00 


Miramichi, " " " 






1,347 00 


Bedford, " 






3,904 00 


Gaspe, " " " 






2,164 00 


Dunk River, " " " 






1,260 00 


Superintendent's salary, 






1,780 00 


Total, 


$27,850 00 



1893.] PUBLIC DOCUMENT — No. 25. 9 

In speaking of the results at the Bedford hatchery, Mr. 
A. B. Wilmot says : — " Where there has been an outlay of 
$2,000 we have received a return of $10,000, or five dollars 
for every one expended." 

The State of New Hampshire, with a population and 
wealth less than the City of Boston, has nine hatcheries, and 
the last Legislature made an appropriation for two more. 

Massachusetts, the first State in the Union to take action 
in the artificial propagation of fish, has only one (as yet 
uncompleted) State hatchery ; one-half ownership in the 
works at Plymouth, N. H., and a cheap arrangement at Win- 
chester for developing and hatching eggs taken elsewhere. 
W r e recommend the establishment of a hatchery in one of 
our western counties. It would be desirable as being in the 
center of a large distributive territory, and would be an 
efficient adjunct to our present facilities. 

Plymouth (N. H.) Hatchery. 

To the Commissioners of Fish and Game for the Commomvealth of Massachusetts. 

Gentlemen : — I herewith submit my annual report of the work 
done at this station for the year ending Dec. 1, 1893. 

The salmon eggs were taken and young fry planted as usual in 
the Pemigewassett River. 

Of the brook trout eggs taken, 348,000 were sent to Winchester, 
and 75,000 to Wilkinsonville, Mass., making 423,000 (one-half of 
the whole number) sent to Massachusetts. 

Extensive repairs have been made at the hatchery grounds. 
New tanks have been built for the breeding trout, and a close, 
high fence encloses both tanks and ponds. Many trout were lost 
during the winter, owing to the depredations of mink, but every- 
thing will be made secure before another winter. 

On account of the severe winter drought, there was a great loss 

of trout in the streams, and owing to the scarcity occasioned thereby, 

no addition was made to the stock of breeding trout in the ponds. 

Respectfully yours, 

E. B. Hodge, Superintendent. 
Plymouth, N. H., Dec. 1, 1893. 

The eggs received from the Joint hatchery last January 
were more or less defective, and consequently there was con- 
siderable loss in hatching. A list of the distribution will be 
found in the Appendix. 



10 FISH AND GAME. [Dec. 

Massachusetts' share of eggs for 1894 will be less than for 
1893, but the deficiency will be more than made up by the 
200,000 taken at Sutton. 

Near the close of the session of the New Hampshire Leg- 
islature last spring there appeared in one of the papers of that 
State an unfriendly and unwarranted attack on the joint re- 
lations between the two States, which led to the appointment 
of a committee to investigate the matter, and report to their 
governor and council. 

By request your Commissioners appeared before this com- 
mittee and gave a detailed statement of the relations between 
the States. There was not and never had been one particle 
of evidence to warrant the attack, and the author of it was 
conspicuous by his absence from the hearing. 

Your Commissioners felt that, as a simple act of justice, 
they were entitled to a copy of said report of said committee, 
and after waiting a reasonable time, a request was made to the 
governor and council, which elicited the following reply: — 

STATE OF NEW HAMPSHIRE. 
Office of Secretary of State, Concord, Aug. 1, 1893. 
Hon. E. A. Brackett, — 

Dear Sir: — The Governor refers your letter. I am exceed- 
ingly sorry I cannot send you a report. I am not even aware 
when the committee will make a report, if ever. They have 
answered through the press that they find nothing, and at best, or 
worst, it is presumed that the report will be an empty narrative, 
without event or finding of an}' point of moment. 
Very respectfully, 

Ezra S. Stearns, Secretary of State. 

It may possibly be desirable to terminate the joint owner- 
ship in the Plymouth hatchery. We therefore recommend 
that your Commissioners be empowered to make such 
arrangements with New Hampshire as may, in their judg- 
ment, be for the best interest of our State. 

Experienced fish-culturists are rare. In addition to care- 
ful training, they should possess an enthusiastic love for the 
work, and an intuitive judgment which would enable them 
to meet any sudden and unexpected emergency. 

There are many things connected with the hatching and 



1893.] PUBLIC DOCUMENT — No. 25. 11 

rearing of fish which, to the casual observer, might appear 
unimportant, the neglect of any one of which might result 
in the loss of the whole year's work. 

Bearing and Planting Trout. 

All applications for trout should be made before the first 
of April each year, endorsed by the senator or represent- 
ative of the district where the applicant wishes to plant the 
fry. Such endorsement is a guarantee of the good faith and 
standing of the party making application, and relieves the 
Commissioners from making further inquiry. 

The trout fry are delivered free at the State hatchery, 
either at Sutton or Winchester, in April or May, or as soon 
as they are ready to be turned out. Cans for transportation 
are furnished, and full directions given for carrying and 
planting them. 

In all cases applicants are required to deposit the fry at 
the extreme headwaters, in the springs and rills which are 
always found connected with good trout streams. This 
method of stocking has been pursued in this State for several 
years and has proved very successful, yielding from twenty 
to twenty-five per cent, of marketable fish from the number 
planted. 

Objections to this Method. 

Within a few years there has come to the front a theory 
that it is better that the fry should be kept in small ponds 
until they are six months or a year old before they are 
turned out, it being claimed that if they are put into streams 
as soon as the yolk sac is absorbed they will be destroyed by 
the larger fish. If this point is well taken then it follows 
that such streams must be stocked annually with yearlings, 
as the natural products would meet with the same fate. 
There may be a few streams where annual stocking with 
yearlings would be desirable, but they are not natural trout 
streams. 

The objection is based on the false idea that trout eat each 
other. In the wild streams, where food is plenty, trout are 
not cannibals. They never destroy each other, except when 
driven to it by starvation or disease. Anglers who have been 



12 FISH AND GAME. [Dec. 

in the habit of examining their catch to ascertain what the 
fish have been feeding on have rarely, if ever, found one 
trout inside of another. A^ain, the headwaters of all ^ood 
trout streams are free from all fish except the young fry. 

Another fact, and to us it appears to be a fatal objection 
to the stocking with yearlings, is that fish reared in small 
ponds and artificially fed lose their instinct of self-preserva- 
tion. 

Upon this point we speak with confidence, having tried 
experiments which, if not conclusive, are worthy of further 
investigation. Trout and land-locked salmon, fourteen 
months old, which had been artificially reared in a small 
pond, were turned into a stream connecting two large ponds. 
They were turned in just below a bridge, and as the day 
was a bright one they moved up into the shadow to avoid 
the sunlight. They were closely looked after, and in less 
than an hour most of them were inside of the perch and 
pickerel, and the only reason that any escaped was that the 
large fish were so gorged that they had no room for more. 
This experiment has been tried several times, and in no 
instance did the young trout and salmon show fear or any 
disposition to avoid their enemies. 

It may be said that the experiment was not a fair one, and 
that trout and salmon do not inhabit waters infested by these 
fish. But it is well known that many of the lakes and ponds 
in Maine and New Hampshire where these fish are abundant 
contain both perch and pickerel. Sunapee Lake, in New 
Hampshire, was formerly full of red perch and pickerel and 
a few trout. It was stocked with black bass and subse- 
quently with land-locked salmon in a way not likely to be 
repeated : a small steamer, upon whose deck was a can con- 
taining 4,000 land-locked salmon fry six weeks old, blew 
up in the middle of the lake and the can went to the bottom. 
Tons of bass have been taken from the lake and the red perch 
have decreased. 

There are no large streams running into the lake, and the 
trout and salmon spawn mainly among the rocks near the 
shores and on the sand-bars. 

The young fish hatched here retain their instinct of self- 
preservation, and are sufficiently wary to keep out of the 



1893.] PUBLIC DOCUMENT — No. 25. 13 

way of their enemies, to the extent that they are rapidly in- 
creasing. Trout are far more abundant than they were before 
the introduction of black bass. Mr. E. B. Hodge, ex-Com- 
missioner of New Hampshire, who has carefully studied the 
fisheries of this lake, attributes the increase of salmon and 
trout to the destruction of the red perch by the black bass. 
A writer in the "London Fishing Gazette" 2fives an ac- 
count of two tanks of trout from Mr. Andrews' Guilford 
hatchery, which were turned into a tributary of the Thames. 
After describing the difficulties attending the transportation, 
he says : " These Guilford fish swam up and down the brook 
and had no fear of us whatever. It is to be hoped that be- 
fore they reach the Thames they will have learned that there 
are dangers in this life to be avoided, and that the world is 
not one big stew, in which they are to look to mortals for 
three meals a day, regular. The fish, I should have men- 
tioned, varied in size, from eight inches downward." We 
quote the above testimony, because it is in keeping with 
every experiment we have made in the planting of yearling 
trout. 

Expense of Rearing. 

Trout fry, just ready to feed, are sold by the dealers at 
from three to four dollars per thousand, while those from six 
months to a year old command $75 per thousand. Either 
the expense of rearing is considerable, or the profit is large. 
That the system should be advocated by those who are rais- 
ing yearling trout to sell is natural enough. Mr. Andrews, 
a leading English fish-culturist, says : " The dealer will find 
his largest gain in the sale of one and two year old trout." 

We have endeavored to obtain information in regard to the 
number or percentage of trout reared to seven months or a 
year old. The returns for different years vary; for some 
years, from 20 to 25 per cent., while for others as high as 50 
and even 80. per cent, is claimed, but the average seems to 
be from 35 to 40 per cent. Why, in the same ponds, with 
the same management, it should vary so much, no one seems 
able to explain. There is also a great difference in the 
growth of the young fish ; in the same pond and with the 
same food, some growing much faster than others. 



14 FISH AND GAME. [Dec. 

We append the following statements from Mr. Charles G. 
Atkins, whose scientific and practical knowledge in fish-cult- 
ure has always been a guarantee of success : 

(1.) We carry but few fry through to the age of a year. The 
most of them are liberated in October or November. For instance, 
out of 200,000 fry on hand in October, we would liberate all but 
12,000 or 15,000, so that the most of the fry are only retained for 
seven months. To that age we get sometimes (twice since 1887), 
less than 50 per cent, of those hatched (one year a good deal 
less) , but those two years were years of epizooties. One year we 
carried through over 80 per cent, from the egg to seven months. 
This year we save about 72 per cent, of our Atlantic salmon and 
68 per cent, of all sorts. The loss from seven to twelve months, 
is very slight, say not over two per cent. ; so I might say, for 
yearling fish, our loss would be from 20 to 50 per cent. ; that is, 50 
to 80 per cent, saved. 

(2.) The greatest loss during our two worst years was during 
the sac stage. Other years it has been the first six weeks of 
feeding. 

(3.) We carry 250 to 400 seven months old fish in eight gal- 
lons of water a few miles by wagon in October. Those cans are 
16 inches in diameter on bottom. I doubt whether 25 inches 
depth of water would carry any better than 15. In same cans we 
carried in each 200 brook trout ten months old to Vermont in win- 
ter without loss. 

(4.) Loss in transportation, generally none at all. Heaviest 
loss this year was 27 fish on a shipment of 6,077 young fish, three 
months old, to Duck Lake, July 4, 50 miles by rail and 45 by 



Another well-known breeder writes : " I do not think that 
we have heretofore averaged over 20 or 25 per cent, to the 
age of one year. This year, at this time (October 24), we 
have in our nursery about 75 per cent, of what we planted 
in April." 

Mr. Thomas Andrews, Guilford, England, says: "After 
turning out a known number of fry we can recover, after 
twelve months, from 30 to 50 per cent., and sometimes 
more, of good strong yearlings. I think I should be toler- 
ably well pleased if I could depend upon finding 50 per cent, 
of yearlings every year. I have recovered 85 per cent, some 



1893.] PUBLIC DOCUMENT — No. 25. 15 

years and have lost 95 per cent, in others. The greatest 
living authority on trout breeding, Sir James Maitland, re- 
quires from 100,000 to 200,000 fry to produce 50,000 
yearlings." 

The Commissioners of Michigan, in their report of the 
meeting of the American Fisheries Society (1892), state 
that " among the subjects discussed at the last meeting was 
that of planting fingerling trout instead of fry, and elicited 
much interest. On this subject papers were read by Mr. 
Frank N. Clark of the United States hatchery at Northville, 
Mr. Fred Mather of the New York commission and Mr. 
Herschel Whitaker of our Board. The discussion was very 
general. Mr. Whitaker's paper appears in the Appendix. 
The conclusion reached by the representatives of the states 
which have done most in the work, notably Wisconsin, New 
York, Pennsylvania and Michigan, was that in view of the 
unqualified success which had been hitherto attained through 
fry planting alone, and the greatly added expense of rearing 
any considerable number of trout to be yearlings before 
planting, it was unadvisable and impracticable, when the 
work was carried on upon anything like a large scale, to 
supplant fry planting with that of yearlings, however well it 
might answer as an interesting experiment on a small scale." 

Transportation . 

In a can containing ten gallons of water 5,000 trout fry, 
six or eight weeks old, may be safely transported to any 
part of the State, while with trout from seven months to one 
year old only about 200 can be safely transported in each 
can any great distance. 

As the railroads have kindly allowed these cans offish to 
be carried in the baggage-car free of charge, the addition of 
ten times the number of cans for transporting less than half 
the number of fish might become a serious matter to the 
roads, and probably deprive us of the privilege we now have. 
So far as we know, there is as yet no evidence to prove con- 
clusively that this mode has any advantage over the stocking 
with young fry, while the expense of rearing and transport- 
ing is greatly increased. 

This theory is by no means new. It was tried in Scotland 



16 FISH AND GAME. [Dec. 

more than twenty-five years ago, and condemned by that 
distinguished naturalist and writer on fish-culture ; Frank 
Buckland, and others, who contended "that better results 
would follow if the fry were turned into the streams as soon 
as the yolk sac is absorbed. The same conclusion was 
reached in France, in regard to trout, by the Marquis de 
Folleville at his establishment near Rouen." 

Briefly Stated. 

(1.) The planting of young fry at the age when they 
begin to feed is the most simple, direct and inexpensive 
method of stocking the brooks. 

(2.) If, as it is claimed, the fry are destroyed by larger 
fish, it is evident that such a brook is not suitable for raising 
trout, since the same fish that destroy the planted fry would 
destroy the natural product of the parent fish. 

(3.) Trout in the wild streams are not cannibals, and 
unless driven to it by starvation or disease, do not destroy 
each other. The headwaters of all good trout streams are 
entirely free from all fish except the small fry. 

(4.) There is not as yet any conclusive evidence that 
there is any advantage in planting older fish. 

(5.) The difference in the percentage of trout raised in 
small ponds and artificially fed and the survival of the fry 
planted in the streams is not sufficient to warrant the differ- 
ence in expenditure. 

(6.) When the ponds are sufficiently large to supply the 
young fish with an abundance of natural food, and where 
the fish can be turned directly into the stream, the objection 
to the expense of rearing and transportation is removed ; but 
there still remains the fact that they have been reared in 
ignorance of their enemies, which in their new life may 
prove a serious matter. The loss or arrested development 
of the instinct of self-preservation is common to the lower 
forms of animal life when removed from natural environ- 
ments and bred in confinement. 

Protection of Young Fish. 
The law prohibiting the sale of trout less than six inches 
in length is well enough as far as it goes, but to be effective 



1893] PUBLIC DOCUMENT — No. 25. 17 

it should prohibit taking and having in possession, as well 
as offering for sale. There can be no question that one of 
the most serious obstacles to the preservation of our fisheries 
is the destruction of the young fish, for if they were allowed 
to mature sufficiently to deposit their spawn, if for one year 
only, it would go a long way toward keeping up the supply, 
The importance of this cannot be over-estimated, for it lies 
at the foundation of all our fisheries and marks the line 
between failure and success, and unless we look to it carefully 
one of the most important food supplies will continue to be 
a waning industry. 

In the bays, lakes and the rivers the steady decline of the 
fisheries must be apparent to every careful observer. The 
theory that they can be maintained by artificial propagation 
against the wholesale destruction of both the young and old 
fish is wrong, for there will come a time (and in some 
instances it has already come) when the supply of mature 
fish, upon which we must depend for eggs, must fail. 

The Legislature cannot err in passing stringent laws for 
the protection of the young fish. 

It is not and should not be the policy of the State to go 
to the expense of raising trout to the length of four or five 
inches and plant them in brooks, only, perchance, to be 
caught out the next day by improvident fishermen. 

The Commissioners have constructed works at Sutton and 
are increasing the breeding trout as fast as possible, and will, 
in a short time, be able to deliver from that place several 
hundred thousand fry annually. Let the people demand 
proper protection for them, for in no other way is success 
certain. 

Fish culture has passed from theory into thoroughly prac- 
tical work. Certain things are well known and understood 
by those who have given it attention. There can be no ob- 
jection to experiments being tried by any one having time 
and means at his disposal. Hut we object to conclusions 
based upon theories, unsupported by facts. 

It rests upon those who advocate the theory of stocking 
with yearlings, to show by a series of carefully conducted 
experiments the advantage that is claimed for it, and in so 
doing the cost of fry and yearlings must be taken into ac- 



18 FISH AND GAME. [Dec. 

count, for 25,000 fry could be purchased for the price 
charged for 1,000 yearlings. 

Interest in Fish-culture. 

At no time since the advent of fish-culture, has there been 
so much interest felt in the work. The marvellous exhibit 
at the World's Fair, which was constantly crowded from the 
opening to the close, has made the public more or less 
familiar with what is being done in this direction. 

Frequent applications are made for instruction in breeding 
fish, and also for persons who are competent to take charge 
of breeding ponds and hatcheries. There are no colleges or 
institutions where such information is taught, and oral in- 
struction, without manual training, is of little use. Object 
lessons and a participation in the work is necessary to enable 
one to become proficient in fish culture. 

To meet this want in a small way, and in the hope that it 
may induce the Agricultural College to establish a course of 
instruction in this department for the training of young 
men, a few students will be accepted at the State hatchery 
at Sutton, where a course of lectures will be given on all 
subjects connected with the breeding and rearing of fish. 
No charge will be made for tuition, but the students will 
be expected to devote a part of their time, as at the Agricul- 
tural College, to manual training in every department neces- 
sary to a practical understanding of the work. No student 
will be accepted for less than one year, and when properly 
qualified will receive a certificate of fitness to take charge 
of such work. 

To farmers owning trout brooks we commend the follow- 
ing extract from the address of the Governor of New York 
at the Washington (N. Y.) County Fair: — "I doubt if 
many of you know what an important work is being done 
for the public interests of the State in the matter of fish 
propagation. This is a comparatively new feature of State 
effort, but is beginning to assume considerable proportions. 
Our State Fish Commission was established somewhat more 
than ten years ago and its chief work is to encourage the 
propagation of food fish in all available streams and waters, 
so that all the people of the State may be direct participants 
in the benefits to be gained. We have been so accustomed 



.-< i 



1893.] PUBLIC DOCUMENT — No. 25. 19 

to regard land as the source of food that we have ignored 
the enormous possibilities of water as a food supplier ; but 
we are now beginning to see that the 1,500 square miles of 
water area in this State may be turned into profitable and 
abundant food supply." He urged the farmers to set their 
boys to work raising fish in the brooks and ponds, instead 
of sending them to the cities as clerks ; that many of the 
clear, cold brooks, used only for watering stock, could be 
turned into trout streams ; that he had seen many a spring 
brook running through a farm, comparatively valueless, 
which, devoted to trout culture, might be worth hundreds of 
dollars a year to the owner, and the profit of such little 
streams might be greater than twenty or thirty acres of land. 
" You will find fish culture more profitable than growing 
wheat at seventy-five cents a bushel." 

Fish culture has, in many cases, proved a failure from a 
lack of knowledge in constructing and managing the plant. 
It is not alone in the sale of trout in the market that the 
farmer could look for his profit. There are many anglers 
who would be glad to pay a good price per pound for the 
privilege of fishing in a well-stocked brook. 

In this way the size and number of fish caught could be 
controlled, and a small hatching house and one or two ponds 
at the head of the brook would keep up the supply. 

Where there are several streams within a few miles of 
each other, the owners could unite, and one hatchery would 
supply all of them. 

The work in a hatching house is mostly done in winter, 
when work is slack on the form. 

Lake or Salmon Trout. 
About forty thousand of these eggs were hatched last 
spring, and planted in two ponds on Cape Cod. Application 
has been made to United States Commissioner McDonald 
and accepted for one hundred thousand eggs to be hatched 
next spring and planted in suitable ponds. 

White Perch. 
There have been several applications for this excellent fish, 
and it was intended to obtain a supply for distribution this 
fall, but the retaining pond for them could not be completed 



20 FISH AND GAME. [Dec. 

in time. We now expect they will be ready in the spring, 
and all applications will be filled as fast as possible. 

There are many ponds in the Commonwealth suitable for 
these fish, and they should be stocked with them. 

Carp. 

Only five applications were made for carp last year. Fifty 
fine, healthy young fish, one year old, were given to each. 

Carp are so easily and inexpensively raised that it seems 
strange that so little attention is paid to them in this State. 
There are many farms containing streams or ponds unsuitable 
for trout where carp could be successfully grown. They 
flourish best in warm shallow water where weeds are abun- 
dant, and if taken out a few days before they are wanted for 
the table, and put into cold spring water, the flesh becomes 
hard and they loose the muddy flavor. Their growth where 
there is plenty of vegetable food is phenomenal. Six years 
ago, a few of them were planted in the Abijona river (head- 
waters of the Mystic) and last May and June they were 
found spawning, some of them weighing from ten to fifteen 
pounds each. A few carp have found their way to the Bos- 
ton market, where they sold at sixteen and seventeen cents 
a pound. 

By the following extract from " The American Fish Cul- 
ture